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20110459 Ver 1_401 Application_20110511
milignommim 201 10459 E ECS CAROLINAS, L "Setting the Standard for Service" MME E 1,. Geotechnical - Construction Materials - Environmental - Facilities NC Registered en ineerlng Finn F-1078 May 12, 2011 Mr. Ian McMillan North Carolina Division of Water Quality t D R@@g o-- 1650 Mail Service Center ???1?/J D Raleigh, North Carolina 27699-1650COURTESY ? - C(4)PY r RM4Y eference: 401 Water Quality Certificate E 2011 AutoZone Site U.S. Hwy 17, Surf City, On,Yow County, North Carolina wea$, & 'A UAL r ECS Project: 22-16373 french 1 Dear Mr. McMillan: On behalf of our client, Mr. Trey Smallwood of AutoZone, Inc., we are providing the Division of Water (DWQ) with a copy of the PCN Application for the referenced project. The site is located west of the intersection of Old House Road and U.S. Highway 17 in Surf City, Onlsow County, North Carolina. The project is currently under construction and has been permitted by the Army Corps of Engineers (USCE) to impact 0.02 acre of a jurisdictional wetland feature located on the site. A PCN application was submitted to the USACE on March 8, 2011. A Nationwide Permit #39 was issued by the USACE on March 21, 2011. However, it has been brought to our attention by Ms. Joanne Steenhuis of the DWQ - Wilmington Office, that a copy of the PCN was not received by the DWQ. We have enclosed a copy of the PCN Application, USACE approval (Action ID 201002171) and the Stormwater Management Plan approval (SW8 110204) for your records. Additionally, the project has received approval from the Division of Land Resource (DLR) for the erosion and sediment control plan (PENDE-2001-018). The erosion and sediment control plan is not included with this correspondence. The Based on the size, type, and location of the wetland impacts, we understood that written authorization from the DWQ is not required. Therefore, we have provided AutoZone, Inc., and the on-site contractor with a copy of the Water Quality Certification No.3821. Please review enclosed documents, and contact Paul Pascarosa, 910-686-9114, with any questions. Thank you in advance for your time. Respectfully submitted, ECS CAROLINAS, LLP C. Paul Pascarosa Project Scientist n/ 4--__ is J. St mm Principal Enclosure: Attachment 1 - PCN Applicaiton Attachment 2 - USACE Nationwide Permit #39 approval Attachment 3 - Stormwater Management Plan approval cc: Ms. Joanne Steenhuis, DWQ -Wilmington Office (via email) Mr. H.L. Trey Smallwood III w/ enclosure (via email) Mr. Mat Lowder w/o enclosure (via email) 7211 Ogden Business Park, Suite 201, Wilmington, NC 28411 - T: 910-686-9114 - F: 910-686-9666 - www.ecslimited.com ECS Capitol Services, PLLC - ECS Carolinas, LLP - ECS Florida, LLC - ECS Midwest, LLC - ECS Mid-Atlantic, LLC - ECS Southeast; LLC - ECS Texas, LLP ECS CAROLINAS, LLP "Setting the Standard for Service" • Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078 March 8, 2011 Ms. Crystal Amschler U.S. Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Reference: Pre-Construction Notification (PCN) Application Proposed AutoZone (J.E. Register Property) 1.54 Acre Site U.S. Hwy 17, Surf City, Onslow County, North Carolina ECS Project: 22-16373 Dear Mrs. Amschler. On behalf of our client, Mr. Trey Smallwood of AutoZone, Inc., we are providing the U.S. Army Corps of Engineers a copy of the PCN Application for the referenced project. The site is located west of the intersection of Old House Road and U.S. Highway 17 in Surf City, Onlsow County, North Carolina. As per our site visit on February 2, 2011, jurisdictional wetlands and a jurisdictional tributary were determined to exist on the subject site (Attachment 1). The proposed development will impact approxiamtely 0.02 acre of the jurisdictional tributary located in the central portion of the site (Attachment 2). The remaining wetlands located on the northern portion of the site are to be avoided. Please review enclosed documents, and contact Paul Pascarosa, 910-686-9114, with any questions. Thank you in advance for your time. Respectfully submitted, ECS CAROLINAS, LLP C. Paul Pascarosa Project Scientist " Y. 54Ir? Kris J. Stamm Principal Enclosure: Attachment 1 - Wetlands Plat Attachment 2 - Proposed Site Plans PCN Application Form cc: Mr. Mat Lowder w/o enclosure Mr. H.L. Trey Smallwood III w/ enclosure 7211 Ogden Business Park, Suite 201, Wilmington, NC 28411 • T: 910-686-9114 F: 910-686-9666 • www.ecslimited.com ECS Carolinas, LLP • ECS Florida, LLC • ECS Illinois, LLC • ECS Mid-Atlantic, LLC ECS Southeast, LLC ECS Texas, LLP B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): part of PIN#4215-99-0423-000L and 4215-88-1657-000 11b. Site coordinates (in decimal degrees): Latitude: 34.4029 Longitude: 77.6119 1c. Property size: 1.54 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Virginia Creek 2b. Water Quality Classification of nearest receiving water: HQW 2c. River basin: AIVWU/Atlantic Ocean 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The subject site Is currently developed with a "single-wide" mobile home. The site is regularly maintained with areas of trees, saplings and shrubs. The site is bounded to the north by the headwaters of Holly Shelter Swamp; to the east by cleared land and a man-made pond; to the south by Highway 17, followed by forested land; and to the west by land used for the storage of miscellaneous construction equipment. 3b. List the total estimated acreage of all existing wetlands on the property: 0.138 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The purpose of the project is to construct and establish an AutoZone retail center. 3a. Project Description ,During the land clearing and grading, approx. 0.02 acre of a jurisdictional ditch is proposed to be impacted. The water flow will be redirected via a 30" reinforced concrete pipe, and the outflow will be tied in to the existing ditch. A one story structure with an associated parking lot will be built on-site. The existing dirt road will be be paved and access to the site will occur via Hwy 17 and Old House Road. Equipment to be used includes but is not limited to, bull dozers, cranes, forklift, tractors, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetiand or stream determinations by the Corps or State been requested or obtained for this property / project (including all poor phases) in the past? © Yes ? No ? Unknown Comments: forthcoming, Wetland Survey attached 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ® Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Crystal Amschler Agency/Consultant Company: ECS Carolinas, LLP Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Site visit was conducted on February 2, 2011, and a verbal wetland delineation was received. The Wetland Survey is attached for USACE approval 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ?Yes ?X No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes ? No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ? Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of Impact (acres) W1 P Fill Jurisdictional ditch Yes/No Corps 0.02 W2 - Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.02 2h. Comments: The ditch located on-site has been dugAncised to a depth of the water table, therefore, it is a jurisdictional feature. The feature is not an ephemeral, Intermittent, or perennial feature. There are areas of trees, saplings and shrubs throughout the site. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites Impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one S2 - Choose one S3 - Choose one S4 - Choose one S5 - Choose one - - S6 - Choose one - 3h. Total stream and tribu tary impacts o 31. Comments: Page 4 of 10 PCN Form - Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 58. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No if yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an Impacts require mitigation. then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ? Neuse ? Tar=Pamlico ? Catawba ? Randleman ? Other. 6b. Buffer Impact number - Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet 6g. Zone 2 impact (square feet B1 Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 61. Comments: Page 5 of 10 D. Impact Justffication and Mitigation 1. Avoidance and Minimization 1a. Avoidance and Minimization, Design Stage The preliminary wetland delineation was provided to Triangle Site Design, before obtaining the JD. The wetland area in the western portion of the site and the jurisdictional ditch were both depicted on the preliminary drawing. The current site plans avoid all Impacts to the higher value wetland area in the western portion of the site. In order to provided adequate parking and access via Hwy 17, the Jurisdictional ditch is proposed to be Impacted. The remaining portion of the ditch outside the footprint of the building and parking area was avoided. 1b. Avoidance and Minimization, Construction Stage No fill material or construction equipment will be placed, or stored, in the wetland area located in the western portion of the site. Proper sediment and erosion control measures will be implemented to avoid in the runoff material Into the wetland area. 2. Corn nsato Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. ff yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete ff Makin a Payment to In4leu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form - Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 46.3% 2b. Does this project require a Stormwater Management Plan? ® Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The proposed storm water management system is located in the western portion of the site, outside of the jurisdictional wetland boundary. It consists of a forebay and secondary catchment basin. There are five catch basins throughout the paved parldng area of the AutoZone. The catch basins drain via a 12' towards two inflow pipes, which drain into the forebay. The forebay leads to the secondary basin, which is designed to drain into the wetland area located In the western portion of the site. 2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Surf city and/or DWQ 3. Certified Local Government Stormwater Review 3a. In which local governments jurisdiction is this project? Surf City ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW USMP apply (check all that apply): Water Supply Watershed 8 ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ?Yes ?X No attached? 4. DWQ Stormwater Program Review NCoastal counties ?HQW 4a. Which of the following state-implemented stormwater management programs apply ?ORW (check all that apply): ?Session Law 2006-246 ?Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes © No ormwater Management Plan is being submitted concurrently with this appiicatic 1roval is pending. Stormwater Management Plan submittal to Ms. Janet Russel Express Processing Office, DWQ, Wilmington Office. Page 8 of 10 PCN Form - Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federaUstatellocal) funds or the ?Yes No use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ?Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ?Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ?Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ?Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The subject site will be connected to the municipal sewer system. Page 9 of 10 PCN Form - Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Spades Act Yes No ? ® impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? U.S. Fish & Wildlife Service website for Endangered Spades, Threatened Species, Federal Species of Concern, and Candidate Spades, Ponder County, North Carolina. httpJ/www.fws.govfic-Wes/countyk.htmi 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would imoact Essential Fish Habitat? Site visit, data collection and USGS Wrap. The site is located at approximately 20' above mean sea level. There is an ephemeral ditch feature located on-site. No aquatic habitat exists on-site. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What date sources did you use to determine whether Your site would impact historic or archeolooical resources? The nearest surveyed resource is located over one mile northeast of the site on Highway 17. Source, North Carolina State Historic Preservation Office GIS service. httpJ/gis.nedcr.gov/hpoweb/ 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA Community Panel #3720257300J, December 22, 2005 Applicant/Agent's Printed Name Applicant/Agent s Signature Date G (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action 1D. 201002171 County: Pender USGS Quad: Holly Ridge GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: J.E. Register Address: 206 King Dr Hampstead, North Carolina 28445 Telephone No.: 910-279-3807 Auto Zone, Inc Attn: Mr. Trey Smallwood 123 S. Front Street Memphis, TN 38103 910495-7956 Size and location of property (water body, road name/number, town, etc.): The nroiect is located approximately 300 feet southwest of the intersection of Old House Road and Highway 17 in Hampstead, North Carolina (PIN #s 4215-88-1657 and a portion of 4215-99-0423 ). Description of projects area and activity: This permit verifies the permanent impact to 0.02 acres of a tributary far the purpose of constructing a commercial development and associated parking facilities. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 395-3900. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Crystal Amschler at 910-25141 Corps Regulatory Official Date: 03/21/2011 Expiration Date of Verification: 03/18/2012 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at hnp;//regulato!3 .usacesurvev.com/ to complete the survey online. Page 1 of 2 Determination of Jurisdiction: ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed rive years from the date of this notification. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: Jurisdiction is based on review of USGS and Soil mans aerial nhotoaraphv and from information obtained during a site visit. Wetlands were determined using the Corns 1987 delineation manual and the Atlantic and Gulf Coastal Plain Region Supplement. Tributaries were identiried utilizing ordinary high water marl: as identified in the field Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Tom Walker, Field Office Chief, Wilmington Regulatory Field Office 69 Darlington Ave Wilmington, North Carolina 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 5/20/2011. **It is not necessary to submit an RFA form to the Distri Office i d do not object to the determination in this correspondence.** Corps Regulatory Official: Date 03/21/2011 Expiration Date 03 1/2016 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: ECS Carolinas, LLP Attn: Paul Pascarosa 7211 Ogden Business Park, Suite 201 Wilmington, NC 28411 Page 2 of 2 Action ID Number:201002171 County:Pender Permittee: Auto Zone, Inc Date Verification Issued: 3/21/2011 Project Manager: Crystal Amschler Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WILMINGTON REGULATORY FIELD OFFICE POST OFFICE BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Applicant: Auto Zone, Inc and Auto Zone, File Number: 201002171 Date: 3/21/2011 Inc Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A permission) PROFFERED PERMIT (Standard Permit or Letter of uermission) B APPROVED JURISDICTIONAL DETERMINATION D ? PRELIMINARY JURISDICTIONAL DETERMINATION E ?-1 SECT`It NJ -.The following identifies your rights and options regarding an admiiustrative appeal of the above decision. Additional information may be. found at http:/her"v.usace.army.miL/inet/functions/ctiN,/cccwo/reg or Cap rs re illations at 33 CFR Part 3314 A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Pen-nit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: if you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Mr. Mike Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M 15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn: Tom Walker, Field Office Chief, Wilmington Regulatory Field Office, 69 Darlington Ave, Wilmington, North Carolina 28403 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia 30303-8801 NATIONWIDE PERMIT 39 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2007 Commercial and Institutional Developments. Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of commercial and institutional building foundations and building pads and attendant features that are necessary for the use and maintenance of the structures. Attendant features may include, but are not limited to, roads, parking lots, garages, yards, utility lines, storm water management facilities, and recreation facilities such as playgrounds and playing fields. Examples of commercial developments include retail stores, industrial facilities, restaurants, business parks, and shopping centers. Examples of institutional developments include schools, fire stations, government office buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship. The construction of new golf courses, new ski areas, or oil and gas wells is not authorized by this NWP. The discharge must not cause the loss of greater than 112-acre of non-tidal waters of the United States, including the loss of no more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds this 300 linear foot limit is waived in writing by the district engineer. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 27.) (Sections 10 and 404) 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA- approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 13. Removal of Temporary , Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety. 15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 16. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 17. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. No activity is authorized Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties which the activity may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). IfNHPA section 106 consultation is required and will occur, the district engineer will notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is completed. (e) Prospective permittees should be aware that section 1 l Ok of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, explaining the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 19. Designated Critical Resource Waters. Critical resource waters include, NOAA- designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the district engineer after notice and opportunity for public comment. The district engineer may also designate additional critical resource waters after notice and opportunity for comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 27, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 5 (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 21. Water uality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 22. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(4)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 23. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 25. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide pen-nit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate 7 Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided result in a quicker decision.); (4) The PCN must include a delineation of special aquatic sites and other waters of the United States on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters of the United States, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthennore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, where appropriate; (5) if the proposed activity will result in the loss of greater than 1 /10 acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non-Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. 9 (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP. If the district engineer detennines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period. The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan. 28. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. FURTHER INFORMATION 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. DEFINITIONS Best myna ement practices B( MPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Conmensytorv mitigation: The restoration, establishment (creation), enhancement, or preservation of aquatic resources for the purpose of compensating for unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently sei-viceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Discharge: The term "discharge" means any discharge of dredged or fill material. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)). Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre-construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide pen-nit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre-construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction notification may be voluntarily submitted in cases where pre-construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool con Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through 13 Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbodv: For purposes of the NWAs, a waterbody is a jurisdictional water of the United States that, during a year with normal patterns of precipitation, has water flowing or standing above ground to the extent that an ordinary high water mark (OHWM) or other indicators of jurisdiction can be determined, as well as any wetland area (see 33 CFR 328.3(b)). If a jurisdictional wetland is adjacent-meaning bordering, contiguous, or neighboring--to a jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands. 15 Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for applicants which provide guidelines on how to review linked websites and maps in order to fulfill NWP general condition 17 requirements. hM://www.saw.usace.army.i-nil/wetiands/ESA Applicants who do not have internet access may contact the appropriate US Fish and Wildlife Service offices or the US Army Corps of Engineers office listed below. US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 Asheville US Fish and Wildlife Service Office counties: All counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Raleigh US Fish and Wildlife Service Office counties: all counties east of and including Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. 2.2. Special Designation Waters Prior to the use of any NWP in any of the following North Carolina identified waters and contiguous wetlands, applicants must comply with Nationwide Permit General Condition 27 (PCN). The North Carolina waters and contiguous wetlands that require additional notification requirements are: "Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as designated by the North Carolina Environmental Management Commission), or "Inland Primary Nursery Areas" (IPNA) (as designated by the North Carolina Wildlife Resources Commission), or "Contiguous Wetlands" (as defined by the North Carolina Environmental Management Commission), or "Primary Nursery Areas" (PNA) (as designated by the North Carolina Marine Fisheries Commission). 17 Nationwide Permit General Condition 27 (PCN). The applicant shall also provide a copy of the notification to the appropriate NCWRC office to facilitate the determination of any potential impacts to designated Trout Waters. Notification to the Corps of Engineers will include a statement with the name of the NCWRC biologist contacted, the date of the notification, the location of work, a delineation of wetlands, a discussion of alternatives to working in the mountain trout waters, why alternatives were not selected, and a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters. NCWRC and NC Trout Counties Mr. Ron Linville Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 - Ave ' Stokes Telephone: 336) 769-9453 + Burke Su Mr. Dave McHenry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828 452-2546 Graham Madison Transylvania Fax: (828) 452-7772 Haywood McDowell Yancey 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide Permits in the Wilmington District: 3.1. Limitation of Loss of Perennial Stream Bed N WPs may not be used for activities that may result in the loss or degradation of greater than 300 total linear feet of perennial streams. The NWPs may not be used for activities that may result in the loss or degradation of greater than 300 total linear feet of ephemeral and intermittent streams that exhibit important aquatic function(s)* Loss of stream includes the linear feet of stream bed that is filled, excavated, or flooded by the proposed activity. The District Commander can waive the 300 linear foot limit for ephemeral and intermittent streams on a case- by-case basis if lie determines that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and intermittent streams must be in writing. This waiver only applies to the 300 linear feet threshold for NWPs. Mitigation may still be required for impacts to ephemeral and intermittent streams, on a case-by-case basis, depending on the impacts to the aquatic environment of the proposed project. [*Note: The Corps uses the Stream Quality Assessment Worksheet, located with Permit Information on the Regulatory Program Web Site, to aid in the determination of aquatic function within the intermittent stream channel.] 19 3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional condition would result in greater adverse impacts to the aquatic environment. 3.6. Safe Passage Requirements for Culvert Placement For all NWPs that involve the construction/installation of culverts, measures will be included in the construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert should not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed opening should be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow should be determined from gage data, if available. In the absence of such data, bankfull flow can be used as a comparable level. In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area Management Act (LAMA): All pipe and culvert bottoms shall be buried at least one foot below normal bed elevation when they are placed within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC as designated by LAMA, and/or all streams appearing as blue lines on United States Geological Survey (USGS) quad sheets. Approach Fill ( =Baa*fiffi I belowstream ed to appropriate depth (ifrequired). Stream Bottom In all other counties; Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall be made to maintain the existing channel slope. The bottom of the culvert must be placed at a depth below the natural stream bottom to provide for passage during drought or low flow conditions. Destabilizing the channel and head cutting upstream should be considered in the placement of the culvert. A waiver from the depth specifications in this condition may be requested in writing. The waiver will be issued if it can be demonstrated that the proposal would result in the least impacts to the aquatic environment. All counties: Culverts placed in wetlands do not have to be buried. 21 NC DI "SIGN OF WATER QUALITY - GENERAL CERTIFICATION CONDITIONS For the most recent General Certification conditions, call the NC Division of Water Quality, Wetlands/401 Certification Unit at (919) 733-1786 or access the following website: http-//h2o.enr.state.iic.us/iiewetiands/certs.html NC DIVISION OF COASTAL MANAGEMENT - STATE CONSISTENCY In a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this NWP consistent with the North Carolina Coastal Zone Management Program. Updates on CAMA Consistency for NC can be found on the NC DCM web site at: httl2://dcm2.enr.state.nc.us/Permits/coiisist.litm EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER QUALITY CERTIFICATIONS In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherokee Indians, provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reservation. These Tribal General Conditions are located on the Corps website at: http://wvvw.saw.usace.artnv.mil/WETLANDS/NWP2007/EBCI-certs html Citations: 2007 Nationwide Permits Public Notice for Final Issue Date: March 15, 2007 Correction Notice for Nationwide Permits, Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Notices p.26082 2007 SAW Regional Conditions - Authorized June 1, 2007 This and other information can be found on the Corps web site at: littl2://kvww.saw.usace.army.mil/WETLANDS/NWP2007/nationwide-permits litml 23 Beverly Eaves Perdue. Governor March 3, 2011 I?GDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coieen H. Sullins Director Brian Campbell, Vice President/Treasurer AutoZone, Inc.. 123 South Front Street Memphis TN, 38103 Subject: State Stormwater Management Permit No.- SW8110204 AutoZone - Surf City High Density Commercial Wet Detention Pond Project Pender County. Dear Mr. Campbell: Dee Freeman Secretary The Wilmington Regional Office received a complete Stormwater Management Permit Application for • AutoZone - Surf City on February 21,'2011. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A.NCAC 2H.1000 and Session Law 2008.211. We are forwarding Permit No. SW8 110204 dated March 3, 2011, f6r the construction of the subject project. This permit shall be effective from the date of issuance until March 3, 2021, and shall be subject to the conditions and limitations as specified therein. Please pay, special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Chris Baker, or me at (910) 796-7215. Sincerely, y:?Georgette Scott Stormwater Supervisor Division of Water Quality GDS/csb: S:IWQSISTORMWATER(PERMITS&PROJECTSI20111110204 HDI201103 permit 100204 cc: Matthew Lowder, P. E:; Triangle Site Resign Pender County Building Inspections Wilmington Regional Office Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28445 One Phone:91V9tr7215l FAX: 914,350-24041 Customer Service: 1-877-623-6748 NOrth,Carol in l i, c State Stormwater Management Systems Permit No. SW8110204 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY. COMMERCIAL DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO AutoZone Inc. AutoZone - Surf City NC 210, Surf City, Pender County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter collectively referred to as the "stormwater rules') the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until March 3, 2021, and shall be subject to'the following specified conditions and limitations: L DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.8 on page 3 of this permit. The stormwater control has been designed to handle the runoff from'31,032 square feet of impervious area. 3. A 50' wide vegetative buffer must be provided adjacent impounded structures, streams, rivers and tidal waters. 4. The tract will be limited to the amount of built-upon area indicated on page 3 of this permit, and per approved plans. 5. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 6. The runoff from all built-upon area within the -permitted drainage area(s) of this project must be directed into the permitted stormwater control system. L, 0r State Stormwater Management Systems Permit No. SW8110204 7. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, cres: 1.54 Onsite, f 52,275 Offsite, ff : N/A b. Total Impervious Surfaces, ft2: 31,032 On site, ft2. 31,032 Offsite, ft . NIA C. Design Storm, inches: 1.5 d. Average Pond Design Depth, feet: 3 e. TSS removal efficiency: 90 f. Permanent Pool Elevation, FMS62.2 g. Permanent Pool Surface Ares, ft : 4,595 h. Permitted Storage Volume, ft : 8,241 i. Temporary Storage Elevation, FMSL: 63.5 j.. Pre-dev. 1 yr-24 hr. discharge rate,, cfs: 0.11 k. Controlling Orifice: 1"0 pipe 1. Orifice flowrate, cfs: 0.03 M. Permitted Forebay Volume, ft3: 2,024 n. Fountain Horsepower N/A o. Receiving Stream/River Basin: Holly Shelter Swamp / Cape Fear p. Stream Index Number: 18-74-33-4-1 q. Classification of Water Body: "C;Sw`, II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon'surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all time provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowin.9 and re-vegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping, g. Access to the outlet structure must be available at all times. 4. Records .of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date,' activity, name of person performing the work and what actions were taken. 5. Decorative spray fountains are only allowed in stormwater ponds with 30,000 cubic feet or greater permanent pool volume. This stormwater pond.contains a permanent pool volume of 9,983 cubic feet therefore no spray fountains are allowed. State Stormwater Management Systems Permit No. SW8 110204 6. The facilities shall be constructed as shown on the approved plans. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted, facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved-plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded easements at all times. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the _stormwater management measures, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further development, subdivision, acquisition, lease or sale of any, all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. Prior to the construction of any permitted future areas shown on the approved plans, the permittee shall submit final site layout and grading plans to the Division for approval. 12. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 13. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the perm ittee shall submit a written time schedule to th e Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event of a change o ownership, or a name change, the permittee must submit a completed Name/Ownership Change Fo rm signed by both parties, to the Division of Water Quality, accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved. State Stormwater Management Systems Permit No: SW8 110204 2.' The permittee is responsible for compliance with all permit, conditions until such time as the Division approves the transfer request. Neither the sale of the project nor the transfer of common area to a third party constitutes an approved transfer of the stormwater permit. 3. Failure to abide by the conditions and. limitations contained in .this permit may subject the Permittee to enforcement action by the Division of Water Qualm, in accordance with North Carolina General Statute 143-215.6A to 143-215.6 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as maybe required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit remains in force and effect until modified, revoked, terminated or renewed. The permit may be modified, revoked and reissued or terminated for cause. The fling of a request for a permit modification, revocation and re- issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow-the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The permittee shall notify the Division of any name, ownership or mailing address changes at least 30 days prior to making such changes. 11. The permittee shall submit a permit renewal request at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit issued this the 3rd day of March, 2011. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for oleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission --------------- - - State Stormwater Management Systems Permit No. SW8 110204 AutoZone - Surf City Stormwater Permit No. SW8 110204 Pender County Designer's Certification as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specifications: SEAL Signature' Registration Number Date State Stormwater Management Systems Permit No. SW8190204 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage.area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized and located per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are, provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. 16. All components of the stormwater BMP are located in either recorded common areas, or recorded easements. cc: NCDENR-DWQ Regional Office Pender County Building Inspections DWQ USE ONLY Date Received Fee Paid Permit Number Applicable Rules: ? Coastal SW -1 95 0 Coastal SW - 2008 D Ph 11 - Post Constru 'on (select all that apply) O Non CoastaI SW HQW/ORW Waters O Universal Stormwater Management Plan 0 Other WO MQmt Plan - - State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original 1. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): AutoZone - Surf City 2. Location of Project (street address): US Highway 17 & NC Highway 210 (just south of intersection with Old House Road) City:Surf City County:Pender Zip:28445 3. Directions to project (from nearest major intersection): Approximately 1,600ft south of the intersection of US Highway 17 and NC Highway 210 on the Southbound side of US Highway 17. 4. Latitude:34* 27 9.11" N Longitude:-77° 3645.72- W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ®New []Modification b. If this application is being submitted as the result of a modification to an existing permit, list the existing permit number , its issue date (if known) , and the status of construction: []Not Started []Partially Completed* [] Completed* *provide a designer's certification 2. Specify the type of project (check one): []Low Density ®l1igh Density []Drains to an Offsite Stormwater System []Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): EICAMA Major ®Sedimentation/Erosion Control: 1.6 ac of Disturbed Area ?NPDES Industrial Stormwater []404/401 Permit: Proposed Impacts b. If any of these permits have already been acquired please provide the Project Name, Project/ Permit Number, issue date and the type of each permit. Form SWU-101 Version 07Jun2010 Page 2 of 6 FTs U,•R FA ', f' E 1! 6 FEB 2 1 2011 III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project}: Applicant/ Organization:AutoZone Inc. Signing Official & Title:Brian Campbell - Vice-President/Treasurer b. Contact information for person listed in item 1a above: Street Address:123 South Front Street City-Memphis State:TN Zip:38103 Mailing Address (if applicable): City: Phone: ( ) State: Zip: Fax: ( } Email: c. Please check the appropriate box. The applicant listed above is: ? The property owner (Skip to Contact Information, item 3a) ® Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ? Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) Developer's (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization:Current: I.E. Register ProRoosed: Norlianz. LLC Signing Official & Title:Current;T.E.Register Rersonal property) Proposed:Ralph H. Falls, III (member/manager) b. Contact information for person listed in item 2a above: Street Address:Current(Registr): 206 King Drive Proyosed(Norhanz):1310 South Tryon Street, Suite 104 . City:Current: Hampstead Proposed: Charlotte State:NC Zip:C: 28443 P: 28203 Mailing Address (if applicable): City: Phone: ( ) State: Zip: Fax: ( ) Email: 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization:Wade Davis AutoZone Inc. Signing Official & Title:Project Manager b. Contact information for person listed in item 3a above: Mailing Address:123 South Front Street City:Memphis State:TN Zip:38103 Phone: (901 ) 495-8701 Fax: 901 495-8969 1~orm SWU-101 Version07Jun2010 Page 2 of7 FEB. 2 1 2011 Email:wade.davis®autozone.com 4. Local jurisdiction for building permits: Town of Surf OW Point of Contact:Todd Rademacher. N. PROJECT INFORMATION Phone #: (910 ) 328-4131 1. In the space provided below, bn'efly summarize how the stormwater runoff will be treated. Stormwater runoff from the proposed site will be treated within a wet detention pond. The pond is designed to treat a 1.5" storm and 90% TSS.. 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ? Approval of a Site Specific. Development Plan or PUD Approval Date: ? Valid Building Permit Issued Date: ? Other: Date: b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ? Coastal SW -1995 ? Ph II - Post Construction 3. Stormwater runoff from this project drains to the Cape Fear River basin. 4. Total Property Area: 1.539 acres 5. Total Coastal Wetlands Area: 0.138 `acres 6. Total Surface Water Area: 0.107 acres 7, Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Wafer Area (6) = Total Project Area': 1.294 acres Total project area shall be calculated to exclude the following: the normal pool of impounded unded structures, the area between the banks of streams and rivers, the area below the Normal Hi h Water (NHM line or Mean High Water (MHtq line, and coastal wetlands landward from the NHW (or line. The resultant project area is used to calculate overall percent built upon area (B A). Non-coastal wetlands landward of the NHW (or M14M line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 55.05 % 9. How many drainage areas does the project. have?1(For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Farm SWU-101 Version 07Jun2010 FEB 2 1 Z011 Page 3 of 7 Basin Information Drainage Area 1 .Drains a Area - Drains Area _ Drains Area Receiving Stream Name Holly Shelter Swamp/Juni per Swam _ Stream Class * C;Sw Stream Index Number * 18-74-33-4-1 Total Drainage Area (sf) 52275 On-site Drainage Area (sf) 52275 Off-site Drains a Area (St) 0 Proposed Impervious Areas 31032 % Impervious Area** total 55.05 Impervious" Surface Area Drainage Area 1 Drainage Area Drainage Area Drainage Area On-site Buildings/ Lots (sf) 7381 On-site Streets (so 0 On-site Parking (so 21653 On-site Sidewalks (so 1998 Other on-site (sf) 0 Future (sf) 0 Off-site (sf) 0 Existing BUA*** (sf) 0 Total (so: 31032 * Stream Class and Index Number can be determined at: http/4rortal.ncdenr.orghveb/wgjps(csu/classi ccatious Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. 'Report only that amount of existing BUA that will remain after development. Do not report any existing BLIA that is to be removed and which will be replaced by new BUA. 11. How was the off--site impervious area listed above determined? Provide documentation. No off-site area is draining to pond Proieets in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per NCAC 02B.0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from htW://portal.ncdenr.org/web/i%rA/-ws/``su/bmp-man-ual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from hlW://12ortaLltcdenr.org/web/lv4/`wsZsu/statesw/fornis does. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at hqR://12ortal.ncdenr.org/w>eb/wq/ws/`su/maps.) Please indicate that the following required information have been provided by ini tialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from hgp://poitaLncdeni.or /g web/wq f ws/su/stateiw/forms does. Initials 1. Original and one copy of the Stormwater Management Permit Application Form.. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants_ Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M' agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer http: / /www.envhelp.org/pages (onestoMpress.html for information on the Express progr FEB 2 1 2011 1 Form SWU 101 Version 07Jun2010 Page 4 of 7 and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor - the project. This is required in addition to the brief summary provided in the Project Information, item 1. b. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1h mile of the site boundary, include the 1/2 mile radius on the map. 7. Sealed, signed and dated calculations. 3e- 8. Two sets of plans folded to &F x 14" (sealed, signed, & dated), including: - a. Development/ Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i, Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. L Details of roads, drainage features, collection systems, and stormwater control measures. in. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"x11" copy of the MRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior to. submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 719 Page No: 144 ?C 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC FIC, Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item 1a, 2a, and/or 3a per NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. hft:ZZwww.secretaly.state.nc.us/CorRgrations/CSearch.aspx Form SWU-101 Version 073un2010 t Page 5 of 7 VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built=upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from htt-p://p2rtalncdenr.org/web/-h*g/-`ws/su/statesw/`fomis docs. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the. recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or.deleted without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information, on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:Matthew Lowder, PE Consulting Firm: Triangle Site Design, PLLC Mailing Address:4006 Barrett Drive, Suite 203 City:Raleigh State:NC Zip:27609 Phone: (919 } 553-6570 Fax: (919 ) 553-6570 Email:mlowder@trianglesitedesign.com IX. - PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) 1, (print or type name of person listed in Contact Information, item 2a) own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item 1a) with (print or type name of organization listed in Contact Information, item 1a) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. Form SW-101 Version 077un2010 Page 6 of 7 FEB 2 1 } 011 r ?. s certify that I VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:' Consulting Firm: Mailing Address: City: State: Zip: Phone: Fax: ( } Email: IX- PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete fh* ?, 60 section) Q ?s 'T" evo I, .(print or type name of person listed in Contact Information, item 2a) ?? ?/oal 7 t 1' certify that I own the property identified in this permit application, d us give permission to (print or hype name of person listed in Contact Information, item 1a) 6NiRh co with (print or type name of organization listed in 0'6 Contact Information, item 1a) o . to develop the project as currently proposed. A copy of CO hS e - A'40 the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults ori,their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment, of civil V.M? 5,000 per day; pursuant to NCGS 143-215.6. Signature: _ZV --- Date : pp um a Public for the State of Notary of Ufii on do ere?by?,certtify that ? personally appeared before me this I av of ftrj?i LLtfu 13 b, I , and adrnowledee the due execution of the application for a stormwater permit. Witness my hand and official seal, SUSAN KING RAND SEAL ° NOTARY PUBLIC ?_. UNION CO TY, My Comminlon Expire My commission expires Form MIT-101 Version 07Jun2010 Paee 6 of 7 } FEB 2 1 2011 t As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/ Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. . Signature: Date: a Notary Public for the.State of County of do hereby certify that personally appeared before me this - day of and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, X. APPLICANT'S CERTIFICATION SEAL My commission expires I, (print or type name of person -listed in Contact Information, item 1a) Brian Campbell certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater les under 15A NCAC 2H.1000, SL 2006-246 (Ph. Il - Post.Construction) or SL 2008-211. Signature: 1;. Date: 2 q ? a Notary Public for the State of 1 -?tM,t-S5 County o - personally appeared. do hereby certify that Bftn __J 711- before me this day of an knowledge the Oiw-ex ecution of application toV a stormwater permit. Witness my hand official sea 'e4f'o 1- 34, c1?,? : pU9 j1 e SEAL My commission expires c - ` Form SWU-101 Version 07Jun2010 Page 7 of 7 FEB 2 1 1091 Permit Na. (to be provided by DWQ) STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be filled out, pratted and submAted. The Required Items t,heck&st (Part Ill) must be printed, Reed out and submi fed along mb alf of fhe requded frdormafron. Project name Contact person Phone number Date Drainage area number OF V?.AT?/9 Oa 434 y trs ,? Site Characteristics Drainage area ;• .. s -`'- f{? Impervious area, post-development r l,. .. , ,Ll' ° -- ? % Impervious 59.36% Design rainfall depth in 7F win Storage Volume: Non-SA Waters Minimum volume required Volume provided Storage-Volume: SA Waters 1.5` runoff volume Pre-development 1 yr, 24-hr runoff Post-development 1-yr, 24-hr runoff Minimum volume required Volume provided Peak Flow Calculations Is the prelpost control of the 1 yr 24hr storm peak flow required? 1-yr, 24-hr rainfall depth Rational C. pre-development Rational C, post-development Rainfall intensity: l-yr, 24-hr storm Pre-development 1-yr, 24-hr peak flow Post•devetopmenl 1-yr, 24-hr peak flow PrelPost 1-yr, 24-hr peak flow control Elevations Temporary pool elevation Permanent pool elevation SNWT elevation (approx. at the perm, pool elevation) Top of 1 Oft vegetated shelf elevation Bottom of 1Oft vegetated shelf elevation Sediment cleanout, top elevation (bottom of pond) Sediment cleanout, bottom elevation Sediment storage provided Is there additional volume stored above the state-required temp. pod? Elevation of the top of the additional volume Form SW401-Wet Detention Basin-Rev.9-9117!09 efts s ' ft3 Q m Its ft3 OK OK, volume provided is equal to or in excess of volume required. (Y or N) - .. j?? .;(Mess} sue:. t(urdess) irVhr OK 0.11 ft3lsec 0.03 felsec -0.08 felsec _ _- - ??:? <fmsl "ate; in>sl a??:? , imst .F..., %daXnfmsl `. "Ind -- r' fmsl 1.00 it ?s; ll =; (Y tar N) F fmsf OK FEB 21 20 11 1 1 R - y r. ` .` r p?- °rtf bag! f-?'.: C'" •}\. Parts 1. & It. Design Summary, Page 1 of 2 Permit No. (to be Provided by DWQ) Surface Areas Area, temporary pod ii " a fe Area REQUIRED, permanent pod 3,659 to SAIDA ratio (unitless) Area PROVIDED, er manent OK Area, bottom of 10ft vegetated shelf, Ate„ s ,? > ' ft Area, sediment cieanout, top elevation (bottom of pond), A Volumes Volume, temporary pool ,4??:?•: _:t- ? ft3 OK Volume, permanent pod, Vp._,w fe Volume, forebay (sum of forebays I more than one forebay) ft9 Forebay % of permanent pod volume 20.3%% OK SAIDA Table Data Design TSS removal FUAS ' % Coastal SAIDA Table Used? ; n tr (Yor - ' Mountain/Piedmont SAIDA Table Used? fd=; . e 3 (Y or N) SAIDA ratio 7.00 (unitless) Average depth (used in SAIDA table): Calculation option 1 used? (See Figure 10-2b) ; (Y or N) Volume, permanent pod, Vp„p_,w • 9,983 fe Area provided, permanent pod, A...„. 4,595 fi Average depth calculated -':ft Need 3 It min. Average depth used in SAIDA, d,r, (Round to nearest 0,5ft) $ Calculation option 2 used? (See Figure 10-2b) (Y or N) Area provided, permanent pod, Ao m, x r 4,595 ft` Area, bottom of 10ft vegetated shelf, Ab?L? 3,350 ft1 Area, sediment cleanout, top elevation (bottom of pond), Abd_ p d 771 fe "Depth" (distance b1W bottom.of 10ft shelf and top of sediment) 3.70 It Average depth calculated wi it OK Average depth used in SAIDA. d,, (Round to nearest 0.5ft) __ _ . ? It OK Drawdown Calculations Drawdown through orifice? " = (Y or N} Diameter of orifice (if circular) w In Area of orifice (If-non-circular) Coefficient of discharge (Co) rT (unidess) Driving head (Ho) It Drawdown through well? (Y or N) Weir type rrrd unittess} Coefficient of discharge (C.) (uniuess) Length of weir (L) _ ` ° ' ,rte- ft Driving head (H) ft s Pre-development 1-yr, 24-hr peak flow ft' N Post-development 1-yr, 24-hr peak flow J01sec Storage volume discharge rate (through discharge orifice or weir) (t3/sec Storage volume drawdown time ;!days OK, draws down in 2-5 da & y Additional Information Vegetated side slopes Vegetated shelf slope Vegetated shelf width Length of flowpath to width ratio Length to width ratio Trash rack for overflow & orifice? Freeboard provided Vegetated filter provided? Recorded drainage easement provided? Capures all runoff at ultimate build-out? Drain mechanism for maintenance or emergencies is: Form SW401-Wet Detention BasinAev.8-9117/09 xs- 3j:1 OK ` 1 er OK ft OK n OK OK (Y or N) OK r? (Y or N) OK Y I (Y or N) OK Y ?' {Y or N) OK JT? F EB 2011 I Parts I. & m. Design Summary, Page 2 of 2 a Permit Number: (to be provided by DWQ) Drainage Area Number: Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): 01 does ® does not This system (check one): ? does ® does not incorporate a vegetated filter at the outlet. incorporate pretreatment other than a forebay. Important maintenance procedures: - Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. - If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is resent. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin . erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer a lication. Vegetation is too short or too Maintain vegetation at a height of long. approximately six inches. Form SW401-Wet Detention Basin O&M-Rev.4 FEB 2 11011 ! Page 1 of 4 Permit Number: {to be provided by AWQ) Drainage Area Number: BMP element Potential roblem: How I will remediate the-problem: The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the swale sediment off-site. The pipe is cracked or Replace the pipe. otherwise damn ed. Erosion is occurring in the Regrade the swale if necessary to swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than s ra in . The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over. Consult a professional to remove. 50% of the area. and control the al al growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4 Permit Number: (to be provided by DWQ) Drainage Area Number: BMP element: Potential roblem: How I will remediate the problem: The embankment Shrubs have started to grow Remove shrubs immediately. . on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment., remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. if a likable The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet, the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 58.0 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 59.0 feet in the forebay, the sediment shall be removed. BASIN D>' AGRAM (fill in the blanks) Permanent Pool Elevation 62.2 uPool - - ----------- - - Vol me Sediment Removal Elevation 58.0 Volume --------------------------------------------4---wil Bottom Elevatio 58.0 -ft Min Sediment Bottom Elevation 57.0 1-ft Storage Sedimec Storage Sediment Removal .58.0 ? P men FOREBAY Form SW401-Wet Detention Basin O&M-Rev.4 MAIN POND }E 1011 ! Page3 of4 1 i ' Permit Number. (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:AutoZone - Surf City BMP drainage area number:I Print name:Brian Campbell Titl e: V ice-President/Treasurer Address: 123 South Front Street, Memphis, TN 38101 Phone: .varvY's°i r Date: ZZA / 1) Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been mined the president. a Notary Public for the State of County of? do hereby certify that o L daMpbal personally appeared before me this 1 sir day a , and acknowledge the due execution of the forgoing wet detentio sin maintenance requirements. Witness my hand and official seal, `0rxLLA Pp, Q¢ STATE •. OF TENNESSEE NOTARY ' PUBLIC SEAL My commission expires } FER 2 [11t Form SW401-Wet Detention Basin O&M-Rev.4 _, •_ ii Page 4 of 4