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Home My WebLink About20120363 Ver 1_No Written Concurrence_20120507Beverly Eaves Perdue Governor Hartzog Holdings LLC Attn Collins Hartzog 109 Still Wild Lane Elgin SC 29045 Subject Property Dear Mr Hartzog Division of Water Quality Charles Wakdd P E Dee Freeman Director Secretary May 7 2012 Pender County DWQ Project # 2012 0363 Advanced Auto Parts, Hampstead NO WRI'T'TEN CONCURRENCE NEEDED You have our approval in accordance with the attached conditions to permanently impact 0 099 acres of jurisdictional wetlands as described in your application dated April 12 2012 and received by the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on April 13 2012 and additional information received on April 17 2012 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 3890 (GC 3890) 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 on the following pages 1601 Mall Service Center Raleigh North Carolina 27699 1601 Phone 919 707 -86001 Internet www ncdenr gov An Equal Opportunity 1 Affirmative Action Employer 50 %o Recycled 110 / Post Consumer Paper NonrthCarohna Nawralik Hartzog Holdings LLC Attn Collins Hartzog DWQ Project # 2012 0363 May 7 2012 Page 2 of 4 Conditions of Certification 1) No Sediment and Erosion Control Measures in Wetlands 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 or locally delegated program has released the project 2) 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 3) Wetland Boundary 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 This shall be done prior to the construction 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 / /portal ncdenr orgLweb/wA/ws/su/construction 6) 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 Hartzog Holdings LLC Attn Collins Hartzog DWQ Project # 2012 0363 May 7 2012 Page 3 of 4 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 (919) 733 2698 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 at 919 807 6364 or myself at our Wilmington Regional Office at 910 796 7306 Si rely Joanne Steenhuis Semor Environmental Specialist Attachment Enclosures GC 3890 Certification of Completion Hartzog Holdings LLC Attn Collins Hartzog DWQ Project # 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