20090884 Ver 1_Approval Letter_20091113

IY AJA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 13, 2009
DWQ Project # 09 0884
Pender County
Eastern Outfitters, Inc.
Attn: Jon King
4819 Richlands Highway
Jacksonville, NC 28540
Subject Property: Sniff Tract Hwy 17 at Oak Grove Road, Hampstead
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. King:
You have our approval, in accordance with the attached conditions and those listed below, to
permanently impact 17,951 square feet (0.41 acres) of jurisdictional wetlands for the purpose of
constructing a commercial out parcel for Eastern Outfitters, Inc., as described within your
application dated March 11, 2009 and received by the Wilmington Regional office (WiRO) on
August 27, 2009 with additional information received on November 5, 2009 and November 13,
2009. After reviewing your application, it has been determined that the impacts are covered by
General Water Quality Certification Number 3705 (GC3705). The Certification allows you to use
Nationwide Permit 39 when issued by the US Army Corps of Engineers (USACE) provided
that you can meet all of the conditions of this certification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control,
Non-discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or
CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. Additional
wetland impacts that may cause the impacts to exceed the 0.5-acre threshold will be required to be
submitted as an Individual Permit 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 fills for this project (now or in the future) exceed one acre of wetland or 150 linear
feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This
approval requires you to follow the conditions listed in the attached certification and any additional
conditions listed below.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterauality.org
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
NorthCarolina
Vaturally
Customer Service 1-877-623-6748
Page Two
Eastern Outfitters, Inc.
Attn: Jon King
DWQ # 090884
November 13, 2009
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Wetlands Site-1 Eastern Outfitters Proposed site
Jurisdictional 0.41 acres (17,951 sq ft) plan By Floyd Adams (sealed 10/8/09)
Attached
Stream N/A
2. Sedimentation and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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 has released the project.
Page Three
Eastern Outfitters, Inc.
Attn: Jon King
DWQ # 090884
November 13, 2009
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: //h2o. enr.state. nc. us/su/Forms Documents. htm .
6. "Re-opener" Clause
Jonathon King of Eastern Outfitters, Inc., shall conduct activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal
law. Jonathon King of Eastern Outfitters, Inc. shall require its contractors (and/or agents) to
comply with all of the terms of this Certification, and shall provide each of its contractors (and/or
agents) a copy of this Certification. A copy of this Certification shall be included in the
construction contract and available on the job site at all times. If DWQ determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved use)
or that State or federal law is being violated, or that further conditions are necessary to assure
compliance, DWQ may reevaluate and modify this certification to include conditions appropriate
to assure compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWQ shall notify Jonathon King of Eastern
Outfitters, Inc. and the US Army Corps of Engineers, provide public notice in accordance with
15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC
2H.0504. Any new or revised conditions shall be provided to Jonathon King of Eastern
Outfitters, Inc. in writing, shall be provided to the United States Army Corps of Engineers for
reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also
become conditions of the 404 Permit for the project.
7. Deed Notifications and/or Restrictions
A recorded copy of the restrictive covenants or easements required by the US Army Corps of
Engineers and the associated preservation map approved by the US Army Corps of Engineers
Wilmington Regulatory Office must be submitted to this Office and to the 401 Oversight and
Express Unit in Raleigh.
Page Four
Eastern Outfitters
Attn: Jon King
DWQ # 090884
November 13,
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
9. As-Builts
As-builts for the buildings may be required to assure that the project is in compliance with this
certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application and as authorized by this Certification shall
expire upon expiration of the 404 Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. 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 in the Central Office in Raleigh at
919.733.1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,

Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3705
Certificate of Completion
cc: Emmett Sniff
Ellen Corvette - Applied Resource Management
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Ronnie Smith- USACE Wilmington Regulatory Field Office
WiRO

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