20070296 Ver 1_Approval Letter_20070315

O~O~ W AT ~9QG
~ ~ i ~ -i
Q `~ `C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 15, 2007
Mr. Robert Strickland
1109 Country Club Road
New Bern, NC 28562
Subject Property: Central Carolina Nissan
Carrs Creek [030613, 18-20-7, C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Strickland:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 07-0296
Lee County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.17 acres of 404/wetland to construct the proposed automobile dealership
facility, as described within your application dated February 15; 2007, and received by the N.C. Division
of Water Quality (DWQ) on February 19, 2007, with more information received by the DWQ on March
5, 2007. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use
Nationwide Permit(s) NW39, respectively, when issued by the US Army Corps of Engineers (USAGE).
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 other 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
LAMA 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. 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.
The Additional Conditions of the Certification are:
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 OversighUExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone; 919-733-17861 FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
~QtllCll~~l, J

~, ~,-
Mr. Robert Strickland
Page 2 of 4
March 15, 2007
Amount Approved (Units) Plan Location or Reference
404/Wetland 0.17 (acres) PCN a e 8 of 13
Sediment and Erosion Control:
2. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. 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 404/401 Permit Application. 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. 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;
5. 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 activities to ensure compliance with 15 NCAC 2H,
Section .0500;
6. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401 Water
Quality Certification. The stormwater management plans shall be approved in writing by this Office
before the impacts specified in this Certification occur per Condition No. 4 in GC No. 3402. You
have the option of using the Express Review Program for expedited approval of these plans. If you
propose to use the Express Review Program, remember to include the appropriate fee with the plan.
Site-specific stormwater management shall be designed to remove 85% TSS according to the latest
version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in
watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are
classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high
quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that

Mr. Robert Strickland
Page 3 of 4
March 15, 2007
extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips
(designed according to latest version of the NCDENR Stormwater Best Management Practices
Manual) be constructed as part of the stormwater management plan when asite-specific stormwater
management plan is required.
For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-
construction, on-site stormwater management shall be required as appropriate and as outlined in 15A
NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, in addition to that required in this General
Certification.
Alternative designs may be requested by the applicant and will be reviewed on a case- by-case basis
by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other existing state
stormwater programs including appropriate local programs are sufficient to satisfy this Condition as
long as the stormwater management plans meet or exceed the design requirements specified in this
condition. This condition applies unless more stringent requirements are in effect from other state
water quality programs.
Unless specified otherwise in the approval letter, the final, written stormwater management plan shall
be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified
in this Certification occur. The facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality.
Also, the stormwater management plan (as approved by the Wetlands Unit) shall be implemented
before any permanent building or other structure is occupied at the subject site.
The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns
must be maintained in perpetuity. No changes to the structural stormwater practices shall be made
without written authorization from the Division of Water Quality.
7. 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. ;
Certificate of Completion:
8. 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.

_ .
~., z
Mr. Robert Strickland .,
Page 4 of 4
March 15, 2007
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.
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 or CAMA 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 Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Lauren Cobb in the DWQ Raleigh Regional Office at 919-791-400.
Si r y,
AWK/~m
Enclosures: GC3402
Certificate of Completion
Alan W. Klimek, P.E.
cc: Lauren Cobb, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
W. Perry Horner, Horner Environmental Professionals, Inc., 2394 Cotton Road, Sanford, NC 27330
Filename: 070296CentralCarol inaNissan(Lee~01