20051175 Ver 2_Approval Letter_20131209

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
December 9, 2013
David Pharr
533 W. Ocean Acres Drive
Kill Devil Hills, NC 27948
DWR # 2005- 1175V2
Hyde County
Subject: AFTER - THE -FACT APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Jackson Dunes Lots 6 and 7
Dear Mr. Pharr:
You have our approval for the impacts listed below for the purpose described in your
application dated July 28, 2008, received by the Division of Water Resources (Division) on July
30, 2008. On August 29, 2008, this project was put on -hold until issues were worked out with
the Division of Coastal Management (DCM). The issues with DCM regarding these two specific
lots have been resolved; therefore, the Division is moving forward with this certification.
These impacts are covered by the attached Water Quality General Certification Numbers 3886
and 3890 and the conditions listed below. These certifications are associated with Nationwide
Permit Numbers 14 and 18 which were issued by the U.S. Army Corps of Engineers ( USACE)
with the following USACE Action ID numbers: 200511674, 200511675, 2005116766 and
200511677. Please note that you should obtain any other applicable federal, state or local
permits before proceeding with your project, including those required by (but not limited to)
erosion and sediment control, non - discharge, and water supply watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. Please note that this approval is only for
the wetland impacts on Lots 6 and 7 of Jackson Dunes as specified in the application.
No other impacts are approved, including incidental impacts.
Water Quality Regional Operations Section
943 Washington Square Mall, Washington, North Carolina 27889
Phone: 252 - 946 -6481 \ FAX: 252 - 975 -3716
Internet: www.ncwater.org
An Equal Opportunity \ Affirmative Action Employer

David Pharr
DWR# 05- 1175V2
401 APPROVAL
Page 2 of 3
Type of Impact
Amount Approved -
Permanent
Amount Approved -
Temporary
404/401 Wetlands
Lot 6
0.20 (acres)
0 (acres)
Lot 7
0.13 (acres)
0 (acres)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the
Certification /Authorization. If you change your project, you must notify the Division and
you may be required to submit a new application package with the appropriate fee. If
the property is sold, the new owner must be given a copy of this approval letter and
General Certification (s) /Permit /Authorization and is responsible for complying with all
conditions.
This approval and its conditions are final and binding unless contested.
This Certification /Authorization can be contested as provided in Articles 3 and 4 of General
Statute 1506 by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431 -3000 for information. 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 8:00am and 5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

David Pharr
DWR# 05- 1175V2
401 APPROVAL
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Anthony Scarbraugh at (252)- 946 -6481 or Anthony.Scarbraugh ( [e-mail] or
Shelton Sullivan at (919) 807 -6361 or Shelton.Sullivan([e-mail] if you have any questions or
concerns.
Sincerely,
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
Enclosures: GC 3886, GC 3890
cc: Gary Mitchell —The Clark Group (via email)
Clark Wright, Jr. - Davis Hartman Wright, PLLC (via e-mail)
USACE Washington Regulatory Field Office (via email)
DCM
DWR WARO 401 files
DWR 401 & Buffer Permitting Unit — file copy