20110459 Ver 1_No Written Concurrence_20110520

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 20, 2011
Pender County
DWQ Project #: 11-0459
AutoZone, Inc.
Attn: Mr. Trey Smallwood
123 S. Front Street
Memphis, TN 38103
Subject Property: Auto Zone # 3474, Surf City
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Smallwood:
You have our approval, in accordance with the attached conditions; to permanently impact 0.02
acres of jurisdictional wetlands as described in your application dated March 8, 2011 and received
by the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on May 17, 2011.
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 3821 (GC
3821) 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 below.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
NorthCarolina
Naturn11J
Customer Service 1-877-623-6748
Page Two
AutoZone, Inc.
Attn: Mr. Trey Smallwood
DWQ Project #: 11 0459
May 20, 2011
Conditions of Certification:
1) Wetland Boundary Protective Fencing
The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning
fencing (or similar high visibility material) to protect the remaining wetlands onsite from being
impacted.
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.
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.
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: [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.
Page Three
AutoZone, Inc.
Attn: Mr. Trey Smallwood
DWQ Project #: 11 0459
May 20, 2011
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 Joanne
Steenhuis at our Wilmington Regional Office at 910.796.7215.
Attachment
Enclosures GC 3821
Certification of Completion
cc: Paul Pascarosa - ECS Carolinas, LLP
Ian McMillan - DWQ 401 Oversight Unit
Crystal Amschler - USACE Wilmington .
Stephen Rynas - DCM Morehead
WiRO
Environmental Specialist
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