20150406 Ver 2_Approval Letter_20150827

WRAA
AWOMUMM
NCDENR
August 27, 2015
Envision Future, LLC
Attn: Mr. William McKinney
15030 Walking Stick Way
Haymarket, VA 20169
Donald R, van tier Vaart
Secretary
DWR # 15 -0406 V2
Currituck County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Lot 41— Section 7 Whalehead Club
USACE Action ID. No. SAW- 2015 -01004
Dear Mr. McKinney:
Attached hereto is a copy of Certification No. 4030 issued to Mr. William McKinney and
Envision Future, LLC, dated May 14, 2015. Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required by
(but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply
Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification 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)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at �LtRj nr coaa�. con / 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.
Division of Water Resources - 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699- 1617
Location: 512 N Salisbury St, Raleigh, North Carolina 27604
Phow 919 -807 -6300 \ FAX: [phone]
Internet: www,nmateryuality.org
An GgL4 Opportunity 1 Affirmative Action Employer -- Mach, in dad by recycled paper

Envision Future, LL[
DVVR#15'O406
Individual Certification #4O]0
Page 2of6
Mailing address for the OAH:
If sending via LD Postal Service: If sending via delivery service (UPS, FedEx,etc):
Office ofAdministrative Hearings Office ofAdministrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC27699-G714 Raleigh, NC276O9-6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes General Counsel
Department of Environment and Natural Resources
IG0I Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCACO2H .0500. Contact /\nthonyScorbnaugh at 252-948-3324 or
amthomW.scarbr Or Jennifer Bur�etteat9I9-8O7-6S64Or
_ ELL y if you have any questions or concerns.
�
Sincerely,
Karen Higgins, 5
4OlQ\ Buffer Permitting Unit
cc: George Wood, Environmental Professionals, Inc., P 0 Box 3368, Kill Devil Hills, NC
USACE Washington Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, Gl Forsyth Street SW, Atlanta, GA 30303
DVVRVVaRO4O2file
DWR 401 & Buffer Permitting Unit file
Rlenume:15O4OGv2EnvisionFutune([urhtuck)_4O1—I[.docx

Envision Future, LL[
DVVR#15f}4O6
Individual Certification #4O5O
Page lnf6
CERTIFICATION #4030 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500, to Mr. William McKinney and Envision Future, LLC, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on May 14, 2015 and subsequent information on August 26, 2015, and by
Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on June 11,
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 30I, 902, 303, 306, 307 of the Public Laws 92-500 and PL 95-2I7 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
Conditions of Certification:
l. |rnpJctSADprOved
The following impacts are hereby approved provided that all of the conditions of this
Certification are met. NO Other inop8[1S are approved, including incidental impacts. [I5A
Type of Impact
404/401 Wetlands
Amount Approved
(units)
Permanent
�
0.22 (acres)
Amount Approved
(units)
Temporary
0 (acres)
2. StOrmnvvater Management Plan
You are required to provide One copy of the StDrnovv8ter management plan (SK4P) approval
letter from the Division of Energy, Mining and Land Resources /DEK4LR> to the DVVR 401 &
Buffer Permitting Unit (1617 K4@i| Service Center, Raleigh, NC 27699-1617) before any
impacts authorized in this certification occur. The project must be constructed and
maintained in compliance with the approved SKAP. After the approval letter issubmitted to
the Division, the SK4P may not be modified without prior written authorization from DEMLR.
If the SK4P is modified in the future, then you shall provide an approval letter for the
modifications to the QVVR 401 & Buffer Permitting Unit prior to the commencement of the
modifications. [15A NCAC 02H .0506(b)(5)]

Envision Future, LLC
0mR#15+0406
Individual Certification #403O
Page 4 of 6
3. No waste, spoil, solids, or fill mf any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification for this
project. 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.
Approved plans and specifications for this project areinCorporated by reference and are
enforceable parts of this permit. |l5ANCACO2H.O5Ol and .O5O2l
4. Sediment and Erosion Control
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. |f applicable, the project nnUStCOrAplyvviththe5pedficconditiOn6
and requirements Of the NPDES Construction Storrnxx8ter Permit issued to the site and the
following requirements [15ANCACO2H.O5O6(b)/3\ and /[VSU:
@. 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 Onall construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual,
c. R8c|8rn8tiOO measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
5. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent toOr upstream and downstream ofthe above structures. All sediment and
erosion control devices shall beremoved and the natural grade restored within two (2)
months ofthe date that the Division Of Energy, Mineral and Land Resources (DEK4LR) or
locally delegated program has released the specific area within the project. /15ANCACO2H
.O5O1 and .05O2l

Envision Future, LL[
DVVR#15-O4O6
Individual Certification #4O30
Page 5of6
6. Construction Stormwater Permit NCG010000
An NP[)E3Constructk>n Stornlvvater Permit is required for construction projects that disturb
one (1) or more acres ofland. This Permit allows stornnxvatertobe discharged during land
disturbing construction activities asstipulated in the conditions ofthe permit. if your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements isrequired. A copy ofthe general permit
(NCGO10000), inspection log sheets, and other information may be found at:
15ANCA[D2H.05OG(b)(5\and
7. Work in the Dry
All work inor adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [25A
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15ANCACO2B.0200]
9. A one-time application of fertilizer to re-establish vegetation is a|kzvved in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15ANCACO2B.0231]
10. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
11. Continuing Compliance
Mr. William McKinney and Envision Future, LLC shall conduct construction 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 and Federal law. [I5ANCACO28.0200] If the Division 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, the Division may reevaluate and modify this Certification.
Before modifying the Certification, the Division shall notify Mr. VVi||iarn McKinney and
Envision Future, LLC and the U.S. Army Corps of Engineers, provide public notice in
accordance with 15A N[ACO2H .0503 and provide opportunity for public hearing in
accordance with ISAN[ACO2H.O5O4. Any new or revised conditions shall be provided to

Envision Future, LL[
DVVR#1S{}406
Individual Certification #4O3O
Page 6of6
Mr. William McKinney and Envision Future, LL[in writing, shall be provided tO the U.S.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.
I2. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project areincorponatedbyreference
and are an enforceable part of the Certification. |f you change your project, younnustnotifv
the Division and you may be required to submit a new application package with the
appropriate fee, |f the property is sold, the new owner must be given a copy ofthis
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [I5AN[A[O2H.O5Oland
13. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DVVR4O1 & Buffer Permitting Unit within ten days of project comnp|etion
(available at: htƒp://p0;ta�.ncd cl/sm/p ��� \.
14. This certification grants permission to the director, an authorized representative of the
Director, mrDENRstaff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15ANCA[02H.0502(e)]
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 CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [25A N[AC 02H .0507/dV2\ and 15A NCAC
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 27th day of August 2OIS
Karen Higgins, Supervi�lr'
_�
401 & Buffer Permitting Unit