20060834 Ver 1_Approval Letter_20070118

• O~OF W AT ~RpG Michael F. Easley, Governor
William G. Ross Jr., Secretary
~-- North Carolina Department of Environment and Natural Resources
~ ~
p ~ Alan W. Klimek, P.E. Director
Division of Water Quality
January 18, 2007
DWQ Project # 06-0834
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Ms. Mary Kelly
BKS Enterprises Corp.
P.O.2103
Manteo, NC 27954
Subject Property: Holiday Shores -Lot 11
Pamlico Sound [030155, 30-22, SA, HQW] 303d
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Kelly:
You have our approval, in accordance with the attached conditions and those listed below, to
,place fill within or otherwise impact 0.11 acres of wetland, to construct the proposed residence at
the subject property, as described within your revised application dated January 5, 2007 and
received by the N.C. Division of Water Quality (DWQ) on January 16, 2007. After reviewing
your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3404 and 3402 (GC3404 and GC3402). The Certification(s) allows you
to use Nationwide Permit(s) 14 and 18, respectively, when issued by the US Army Corps of
Engineers (USAGE). 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, and 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 LAMA Permit.
This approval is for the purpose and design that you described in your application. 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 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.
401 OversighUExpressReuiew Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]Intemet: htlp://h2o.enr.state.nc.us/ncwetlands
,'• ,~
~r
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper

BKS Enterprises Corp.
Page 2 of 4
January 18, 2007
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 A roved Units Reference
404/Wetland 0.11 acres) PCN age 8 of 13
2. Erosion & Sediment Control Practices
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:
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.
3. No Waste, Spoil, Solids, or Fill of Any Kind
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 Pre-Construction Notification. 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. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 2B 33 and GC 3402.
5. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,

BKS Enterprises Corp.
Page 3 of 4
January 18, 2007
water and buffer impact: These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web .site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project;
6. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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.
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 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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
wetland or stream 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincerely,
./`
Alan W. Klimek, P.E.
AWK/ijm
Enclosures: GC3404 and GC3402
Certificate of Completion

BKS Enterprises Corp.
Page 4 of 4
January 18, 2007
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Mike Street, P.O. Box 769, Morehead City, NC 27557
Brian Rubino, Quible & Associates, P. C., P. O. Drawer 870, Kitty Hawk, NC 27949
Filename: 060775 Hol idayS horesLot7(Dare~01