20110300 Ver 1_Approval Letter_20110429

W
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
April 29, 2011
DWQ Project # 11 0300
Onslow County
John O. Stevenson
3124 New Bern Highway
Jacksonville, NC 28546
Subject Property: Stevenson Toyota Dealership, Jacksonville
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Stevenson:
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact
1533 linear feet (0.37 acres) of intermittent (non-stream) tributaries and temporarily impact 0.03 acre of non-
riparian wetlands for the construction of a proposed car dealership, as described within your application dated
March 9, 2011 and received by the Wilmington Regional office (WiRO) on April 18, 2011. After reviewing your
application, it has been determined that the impacts are covered by General Water Quality Certification
Number(s) 3821 (GC3821). This Certification can also be found on line at:
http://portal.ncdenr.org/web/sn/ws/401/certsandt)ermits/ es#re ional. The Certification allows you to use
Nationwide Permit 39 when issued by the US Army Corps of Engineers (USACE). 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 Permit.
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. 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 on the following pages.
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 (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterauality.ora
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
LPKV4
=AR"24
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
NorthCarolina
Nammallil
Customer Service 1-877-623-6748
Page Two
John O. Stevenson
DWQ # 11 0300
April 29, 2011
ti
Amount Approved (Units) Plan Location or Reference
Wetlands N/A
Stream
non-stream tributary
1533 linear feet 0.37 acre)
Drawing EI (attached)
Open Water 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.
3. 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.
5. Protective Fencing
The outside 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 simil ar high
visibility material) for the areas that have been approved to infringe within the wetland or water prior to
any land disturbing;
Page Three
John O. Stevenson
DWQ # 11 0300
April 29, 2011
6. Construction Stormwater Permit NCG010000
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], frill 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
htW://h2v.enr.state.nc.us/sadFor•nrs Documents.htm.
7. "Re-opener" Clause
John O. Stevenson and his authorized agents shall conduct its 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. John O.
Stevenson shall require his 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 John O. Stevenson
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 John O. Stevenson in writing, and 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.
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.
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 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 fili ngs
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.

Page Four
John O. Stevenson
DWQ # 11 0300
April 29, 2011
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: [phone], 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 in the Central Office in Raleigh at 919.807.6364 or
Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
t
Enclosures: GC 3821
Certificate of Completion
cc: Shelly Stevenson - Stevenson Automotive Group
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
David Bailey - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
WiRO
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