20140398 Ver 1_Approval Letter_20140815

Pat McCrory
Governor
ALV
NCDENR
North Carolina Department of Environment and Natural Resources
August 15, 2014
Donald S. Oden
PO Box 1717
Ocracoke, NC 27960
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Oden Property
Dear Mr. Oden:
John E. Skvarla, III
Secretary
DWR # 14 -0398
Hyde County
You have our approval for the impacts listed below for the purpose described in your application dated
April 7, 2014 and received by the Division of Water Resources (Division) on April 16, 2014 with subsequent
information received on June 26, 2014 and July 21, 2014. These impacts are covered by the attached Water
Quality General Certification Number(s) 3886 and 3890 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number(s) 14 and 18 once it is issued to you by the U.S. Army
Corps of Engineers. 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/
Approved (units)
Approved
Reference Attached
Permanent
uni ts)
Temporary
401/404 Wetlands
W1(24' Wide
0.29 (acres)
0 (acres)
Access Road)
Nationwide # 18 & #14
Fill Permit
W2 (Single Family
0.1 (acres)
0 (acres)
Residence)
Division of Water Resources Water Quality Regional Operations Section -- Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] t Fax: 252 - 975 -37161 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer —Made in pad by recycled paper

Mr. Donald S. Oden
DWR# 14 -0398
401 APPROVAL
Page 2 of 4
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. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3886 and 3890.
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.
S. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in your application for
the impacts to 401/404 wetlands. A final compensatory mitigation plan must be approved
in writing by this Office before any of the impacts approved herein are conducted.
Additionally, the compensatory mitigation plan must be completely implemented according
to the plans approved by this Office before any permanent building or road associated with
the project is occupied or opened. The mitigation must be maintained according to the
approved plan and permanently protected by the use of conservation easements or similar
protections. Any repairs or adjustments to the mitigation site must be made according to
the approved plan or must receive written approval from this Office to make the repairs or
adjustments.
6. Re Opener Clause
Donald S. Oden and his 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 anv other appropriate requirements of
State law and federal law. Donald S. Oden 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 DWR 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, DWR 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, DWR shall
notify Donald S. Oden and the US Army Corps of Engineers, provide public notice in

Mr. Donald S. Oden
DWR# 14 -0398
401APPROVAL
Page 3 of 4
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
DWR 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.
7. 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, 1617 Mail Service Center, Raleigh, NC 27699 -1650.
8. 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 farm 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).
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
ne (1) copy
IT
Lacy. Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

Mr. Donald S. Oden
DW R# 14 -0398
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water. Please contact
Anthony Scarbraugh at 252 - 948 -3924 or anthony.scarbraugh @ncdenr. .gov if you have any questions or
concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GCs 3886 and 3890
Certification of Completion
I cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email)
! David Moye, DCM WaRO
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
Pat McClain, DELMR WaRO (via email)
File
i
Brian Rubino, Quible & Associates, P.C.,
PO Drawer 870, Kitty Hawk, NC 27949
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