20150153 Ver 1_Approval Letter_20150216

,A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
February 16, 2015
EKMS, Inc.
Attn: Mr. Eldon Miller
PO Box 729
Moyock, INC 27958
Donald R. van der Vaart
Secretary
DWR # 15 -0153
Currituck County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
EKMS, Inc. Property (Lot #13 Shingle Landing Farm Subdivision, Moyock)
Dear Mr. Miller:
You have our approval for the impacts listed below for the purpose described in your application dated
February 2, 2015 and received by the Division of Water Resources (Division) on December 4, 2014 with
subsequent information received on February 5, 2014. These impacts are covered by the attached Water
Quality General Certification Number 3890 and the conditions listed below. This certification is associated
with the use of Nationwide Permit Number 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) orgeneral 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. [15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount
Amount
Plan location/
Approved (units)
Approved
Reference Attached
Permanent
(units)
Temporary
401/404 Wetlands
W1
0.1 (acres)
0 (acres)
Site Plan for Wetland Fill
Permit for EKMS, Inc.
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
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -64811 Fax: [phone]k Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

EKMS, Inc.
Attn: Mr. Eldon Miller
DWR# 15 -0153
401 APPROVAL
Page 2 of 4
;e your project, you must notify the Division and.you may be required to submit a new
cation package with the appropriate fee. If the property is sold, the new owner must be
i a copy of this approval letter and General Certification and is responsible for complying
all conditions. [15A NCAC 02B .0507(d)(2)]
3. Water Quality Certification
i
The proposed project must comply with all the conditions of the General Water Quality
Certifications) 3890. [15A NCAC 02B .0507(c)]
i
4. W I etland 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. 15A
NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
5. Re Ooener Clause
EKMS, Inc. and their authorized agents shall conduct their 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. EKMS, Inc. shall require their contractors (and /or agents) to
comply with all of the terms of this Certification, and shall provide each of their 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 the EKMS, Inc. and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 21-1.0503 and provide opportunity for public hearing in
accordance with 15A NCAC 21-1.0504. 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.
6. 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. [15A NCAC 02H
.0507 (c)]
7. This approval and their conditions are final and binding unless contested. [G.S. 143 - 215.5]

EKMS, Inc.
Attn: Mr. Eldon Miller
DWR# 15 -0153
401 APPROVAL
Page 3 of 4
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:OOam and S:OOpm, 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: 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:
John C. Evans, 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 [e-mail] if you have any questions or
concerns.
i
Sincerely,
Robert Tankard, Assist t Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC 3890
Certification of Completion

EKMS, Inc.
Attn: Mr. Eldon Miller
DWR# 15 -0153
401APPROVAL
Page 4 of 4
cc: Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
File
Pat McClain, DELMR WaRO (via email)
Doug Dorman, Atlantic Environmental Consultants, LLC,
PO Box 3266, Kitty Hawk, NC 27949
i

APPFKNED SITE PLAN FOR WETLAND FILL PERMIT
NOMOVNXIIIIIIIIA ENYMONMEWAL FOR
_ pA Wc,tarte C0mmmsKM EWS, iNC"
S74' 20'
r1
W
°UP40 MO POCK TOWNSHIP
TUCK COUNTY, NORTH CAROLINA
E LOT RESERVED BY OWNER (NOT A BUILDABLE LOT) IN
SHINGLE LANDING FARM AS RECORDED IN P.C. M, SLD. 178 -179
JANUARY 5, 2015
GRAPHIC SCALE
50 0 25 50 100
III lu I III
III /III III III
�Ilolll�lll�ll o
III$Illalllplll
� N III IIINIIIvIII
0
.•T
Z
0
0
ui
15' DOMINION POWER
EASEMENT (TYPICAL)
( IN FEET )
I Inch a 50 IL
NOW OR FORMERLY
CTX. INC.
P.C. L, SLD. 51
WETLANDS TO
BE FILLED
4,246 SF
r.
205.64'
UN\
VICINITY MAP
NTS
- - 1 / /
0
24.00• / /
v.,.j,:.: o PRC
°F,ROPDSED o DR[
z.D a
40.048 SF
'7 0.91 ACRES
iM
M
N76' 49' 21 "W
7
I
LEGEND
w.,... �.� k.'^..�..r
WETLANDS TO BE FILLED
0 CORNER MARKER
PROPERTY LINE I
— PROPERTY EXTENSION
- - RIGHT OF WAY
FEMA FLOOD ZONE LINE
15' DOMINION POWER EASEMENT
- - - - - - - - WETLAND LINE
— — 20' WATER LINE EASEMENT
117.25'
/
hh
hh/
N
FOX LANE (451 R/W)
-1000,
/2
NOTES:
1.) ALL DISTANCES SHOWN ARE HORIZONTAL GROUND
DISTANCES.
2.) AREA BY COORDINATE METHOD.
3.) THE PROPERTY IS LOCATED IN FLOOD ZONE "AS SHOWN
HEREON" AND AS SHOWN ON MAP PANEL p3721802200J.
DATED DECEMBER 16. 2005.
4.) REFER TO THE CURRITUCK COUNTY UDO FOR BUILDING
SETBACK REOUIREMENTS.
1, NICHOLAS M. RACKLEY PLS -5062. CERTIFY, ,pew 4
nrMAN ce nuae r, rc
, a 4jh
C. THAT THIS PLAT IS OF AN EXISTING PARCEL OF LAND. ��``,'(N CARD
HYMM
y
1H /S IS A SIZE PLAN ONLY yr •. - O
(NOT A SU BASED _
ON RECOW CCROED ROBEY
/NFCk7MA710N AND DESIGN Z SOLUTIONS FROM THE GROUND UP
PLANS FRONDED BY %ti •''9'•�' 150 US Hwy 158 E. - PO Box 339 a
cavlRACroR /oB+vER '�;'y �. ���;�•
IM TRPG.�` Camden, NC 27921 License C -0598
(252) 338 -2913 - (252) 338 -5552 fax
n
O
O
w