20140177 Ver 1_Approval Letter_20140313

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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
.March 13, 2014
DWR # 14 -0177
Currituck County
Frazier Investing, LLC
Attn: Mr. John Bunker
15229 National Pike
Hagerstown, MD 21740
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Frazier Investing, LLC Property --1415 Ocean Pearl Road in Corolla
Dear Mr. Bunker:
You have our approval for the impacts listed below for the purpose described in your application dated
February 21, 2014 and received by the Division of Water Resources (Division) on February 24, 2014.
These impacts are covered by the attached Water Quality General Certification Number 3886 and the
conditions listed below. This certification is associated with the use of Nationwide Permit Number 14
once it is issued to you by the U.S. Army Corps of Engineers and the CAMA Major Permit when issued by
the Division of Coastal Management. Please note that you should get any other federal, state or local
permits before proceeding with your project, including those required by (but not limited to) Sediment
and Erosion Control, Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit 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. No other impacts are approved, including incidental
impacts.
Type of Impact
Amount
Amount
Plan location/ Reference Attached
Approved
Approved (units)
(units)
Temporary
Permanent
404 Wetlands
Wetland 1
0.23
0 (acres)
CAMA Major Site Plan (attached)
(acres)
Water Quality Regional Operations Section
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] L FAX: [phone]
Internet: www.ncwater.om
An Equal Opportunity 1 Affirmative Action Employer

Frazier Investing, LLC
Attn: Mr. John Bunker
401 APPROVAL
Page 2 of 3
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. 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 and is responsible for complying with
all conditions.
3. Compensatory_ Mitigation Using the Ecosystem Enhancement. Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Ecosystem Enhancement Program (EEP)
to meet this mitigation requirement. Until the EEP receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes
payment to the EEP to meet the following compensatory mitigation requirement:
4. Wetland Boundary Protective Fencing
The wetlands within 50 feet of areas . of disturbance shall be clearly . marked with orange
warning fencing (or similar high visibility material) to protect the remaining wetlands onsite
from being impacted. This shall be done during the initial stage of construction.
5. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water. Resources,
.1650 Mail Service Center, Raleigh, NC 27699 -1650.
6. This approval and its conditions are final and binding unless contested.
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). 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.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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).
Compensatory Mitigation
River and Sub -basin
Required
Number
401/404
0.23 (acres)
Pasquotank /03010205
Wetlands
4. Wetland Boundary Protective Fencing
The wetlands within 50 feet of areas . of disturbance shall be clearly . marked with orange
warning fencing (or similar high visibility material) to protect the remaining wetlands onsite
from being impacted. This shall be done during the initial stage of construction.
5. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water. Resources,
.1650 Mail Service Center, Raleigh, NC 27699 -1650.
6. This approval and its conditions are final and binding unless contested.
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). 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.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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).

Frazier Investing, LLC
Attn: Mr. John Bunker
401 APPROVAL
Page 3 of 3
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:
!f sending. via US Postal Service: if sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 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
This letter completes the review of the Division under section 401 of the Clean Water. Please contact
Anthony Scarbraugh at 252 -948 -3924 or anthon .scarbrau h ncdenr. ov if you have any questions or
concerns.
Sincerely,
r
David May, P
Regional Supervisor
DWR Water Quality Regional Operation Section
Washington Regional Office
Enclosures: GC 3886
Certificate of Completion
cc: Doug Huggett, DCM Morehead City
Ron Renaldi, DCM Elizabeth City
Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Jennifer Burdette, DWR 441 & Buffer Permitting Unit
Pat McClain, DELMR WaRO (via email)
File
George Wood, Environmental Professionals, Inc.,
PO Box 3368, Kill Devil Hills, NC 27948