20100088 Ver 1_No Written Concurrence_20100308

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NCQENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
March 8, 2010
Dee Freeman
Secretary
Onslow County
DWQ Project #: 10 0088
The Pantry, Inc.
Attn: Lee Hawkinson
305 Gregson Drive
Cary, NC 27511
Subject Property:
Dear Mr. Hawkinson:
The Pantry Store # 3125, Jacksonville
NO WRITTEN CONCURRENCE NEEDED
You have our approval, in accordance with the attached conditions to permanently impact 0.0094 acres
of non-riparian wetlands and temporarily impact 0.0145 acres of non-riparian wetlands as described in
your 401 PCN application dated February 2, 2010. After reviewing your application, we have decided
these impacts are below the threshold for written authorization as long as all conditions of General
Water Quality Certification Number 3687 (GC 3687) are met. This certification may also be viewed on
our website at http://h2o.enr.state.nc.us/newetlands. This Certification allows you to use the Nation
Wide (NW) Permit 3 when issued by the US Army Corps of Engineers.
This approval is only valid for the purpose and design that is 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 these Certifications 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 below.
Conditions of Certification:
1) Use whatever Sediment and Erosion (SEC) measures applicable to keep material from entering
the wetlands.
2) 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.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405 One 1
Phone: [phone] / FAX: [phone] NOrthCarofina
Internet: www ncwaterauality orc_ Naturally
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748
50% Recycled/ 10% Post Consumer Paper
Page Two
The Pantry, Inc.
Attn: Lee Hawkinson
DWQ Project #: 10 0088
March 8, 2010
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties.
Please read the enclosed General certification 3687. If you do not accept any of the conditions of this
certification, 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 at 919.733.1786 or Joanne Steenhuis at
our Wilmington Regional Office at 910.796.7215.
Sincerely,
-f
;Joanne Steenhuis
?Senior Environmental Specialist
Enclosures
GC 3687
Certification of Completion
cc: Kim Williams - Land Management Group, Inc.
Albert G. Lee - A.G. Lee Oil Company, Inc.
Ian McMillan - DWQ 401 Oversight Unit
David Bailey - Corps of Engineers Wilmington
Stephen Rynas - DCM Morehead City
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