HomeMy WebLinkAbout20120363 Ver 1_No Written Concurrence_20120507Beverly Eaves Perdue
Governor
Hartzog Holdings LLC
Attn Collins Hartzog
109 Still Wild Lane
Elgin SC 29045
Subject Property
Dear Mr Hartzog
Division of Water Quality
Charles Wakdd P E Dee Freeman
Director Secretary
May 7 2012
Pender County
DWQ Project # 2012 0363
Advanced Auto Parts, Hampstead
NO WRI'T'TEN CONCURRENCE NEEDED
You have our approval in accordance with the attached conditions to permanently impact 0 099
acres of jurisdictional wetlands as described in your application dated April 12 2012 and
received by the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on
April 13 2012 and additional information received on April 17 2012 After reviewing your
application we have decided this fill is below the threshold for written authorization as long as
all conditions of General Water Quality Certification Number 3890 (GC 3890) are met This
Certification allows you to use the Nationwide 39 Permit when issued by the US Army Corps of
Engineers
This approval is for the purpose and design that you described in your application The
approved plans and specifications for this project are incorporated by reference and are an
enforceable part of the permit If you change your project you must notify us and you may be
required to send us a new application If the property is sold the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all
conditions If total wetland fills for this project (now or in the future) exceed one acre
compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7)
This approval shall expire when the corresponding Nationwide Permit expires or as otherwise
provided in the General Certification For this approval to be valid you must follow the
conditions listed in the attached certification and any additional conditions listed on the
following pages
1601 Mall Service Center Raleigh North Carolina 27699 1601
Phone 919 707 -86001 Internet www ncdenr gov
An Equal Opportunity 1 Affirmative Action Employer 50 %o Recycled 110 / Post Consumer Paper
NonrthCarohna
Nawralik
Hartzog Holdings LLC
Attn Collins Hartzog
DWQ Project # 2012 0363
May 7 2012
Page 2 of 4
Conditions of Certification
1) No Sediment and Erosion Control Measures in Wetlands Sediment and erosion control
measures shall not be placed in wetlands or waters to the maximum extent practicable If
placement of sediment and erosion control devices in wetlands and waters is unavoidable
they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources or locally delegated program has released the project
2) No Waste Spoil Solids or Fill of Any Kind
No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas
beyond the footprint of the impacts depicted in the Pre Construction Notification All
construction activities including the design installation operation and maintenance of sediment
and erosion control Best Management Practices, shall be performed so that no violations of
state water quality standards, statutes, or rules occur
3) Wetland Boundary Protective Fencing
The outside buffer wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer wetland or water prior to any land disturbing This shall be done prior to the
construction
5) Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and
Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated
local erosion and sedimentation control program an NPDES General stormwater permit
(NCGO10000) administered by DWQ is automatically issued to the project This General Permit
allows stormwater to be discharged during land disturbing construction activities as stipulated by
conditions in the permit If your project is covered by this permit [applicable to construction
projects that disturb one (1) or more acres] full compliance with permit conditions including the
sedimentation control plan self monitoring record keeping and reporting requirements are
required A copy of this permit and monitoring report forms may be found at
http / /portal ncdenr orgLweb/wA/ws/su/construction
6) Upon completion of the project the applicant shall complete and return the enclosed
Certification of Completion Form to notify DWQ that all the work included in the 401
Certification has been completed The responsible party shall complete the attached form and
return it to the 401[Wetlands Unit of the Division of Water Quality
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties This Certification shall become null and void
unless the above conditions and the General Certifications are made conditions of the Federal
404 and/or Coastal Area Management Act Permit
Hartzog Holdings LLC
Attn Collins Hartzog
DWQ Project # 2012 0363
May 7 2012
Page 3 of 4
If you wish to contest any conditions in the enclosed certification (associated with the approved wetland
or waters impacts) you must file a petition for an administrative hearing You may obtain the petition
form from the office of Administrative hearings You must file the petition with the office of
Administrative Hearings within thirty (30) days of receipt of this notice A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 00 am and 5 00
pm except for official state holidays The original and one (1) copy of the petition must be filed with the
Office of Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone (919) 733 2698 Facsimile (919) 733 3478
A copy of the petition must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This certification and its conditions are final and binding unless you ask for a hearing
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act If you have any questions please telephone Ian McMillan at 919 807 6364 or myself
at our Wilmington Regional Office at 910 796 7306
Si rely
Joanne Steenhuis
Semor Environmental Specialist
Attachment
Enclosures GC 3890
Certification of Completion
Hartzog Holdings LLC
Attn Collins Hartzog
DWQ Project # 2012 0363
May 7 2012
Page 4 of 4
cc Lonnie Williams — Lanwillo Development Co
Kim Williams — Land Management Group
Ian McMillan DWQ 401 Oversight Unit
Crystal Amschler USACE Wilmington
Stephen Rynas — DCM Morehead
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