20120302 Ver 1_Approval Letter_20120517

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
M & N Enterprises
Attn David Murdoch Jr
505 Crestwood Drive
Newport NC 28570
Julia Norris
425 Crestwood Drive
Newport NC 28570
Charles Wakild P E
Director
May 17 2012
Dee Freeman
Secretary
DWQ Project # 12 0302
Carteret County
Subject Property Mike Toler Chrysler, Dodge, Jeep, Ram, Newport
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr Murdoch and Ms Norris
You have our approval in accordance with the attached conditions and those listed below to permanently
impact 0 494 acres of. jurisdictional wetlands for the purpose of constructing a car dealership as described
within your application dated March 19 2012 and received by the Wilmington Regional office (WiRO)
on March 29 2012 and additional information received on May 10 2012 After reviewing your
application it has been determined that the impacts are covered by General Water Quality Certification
Numbers) 3890 (GC3890) The Certification(s) 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
1601 Mall Service Center Raleigh North Carolina 276991601
Phone [phone] Internet www ncdenr gov
An Equal Opportunely 1 Affirmative Action Employer 50% Recycled 110 / Post Consumer Paper
NorthCarohna
Nawrally

M & N Enterprises
Attn David Murdoch Jr
Julia Norris
DWQ Project # 2012 0302
May 17 2012
Page 2 of 5
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
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
Amount Approved (Units)
Plan Location or Reference
Wetlands
Area 1
21 536 sq ft) 0 494 acres
Preliminary Plan (attached)
Stream
N/A
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

M & N Enterprises
Attn David Murdoch Jr
Julia Norris
DWQ Project # 2012 0302
May 17 2012
Page 3 of 5
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 similar high visibility material) for the areas that have been approved to infringe
within the wetland or water prior to any land disturbing
6 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 11h2o enr state nc uslsulForms=Documents htm
Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under this authorization letter and certification
8 All mechanized equipment will be regularly inspected and maintained to prevent contamination
of waters and wetlands from hydrocarbons or other potential toxic chemicals In the event of a
hydrocarbon or chemical spill the permitee /contractor shall immediately contact the Division of
Water Quality between the hours of 8 am to 5 pm at the Wilmington regional office at
910 796 7215 or Steve Lewis at 919 807 6308 and after hours and on weekends call the USCG
National Response
9 Re opener Clause
M & N Enterprises LLC and Julia Norris and their 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 M & N Enterprises, LLC and Julia Norris shall
require their 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

M & N Enterprises
Attn David Murdoch Jr
Julia Norris
DWQ Project # 2012 0302
May 17 2012
Page 4 of 5
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 M & N Enterprises LLC Julia Norris 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 M & N Enterprises LLC and Julia Norris 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
9 Deed Notification/Mitigation
A recorded copy of the deed notifications for the remaining wetlands on the property shall
be included with the Certification of Completion (see Condition #20 in GC 3890) Any
mitigation required by the USACE must also be complied with
11 Determination of Impacts
At the completion of the project the DWQ will require a determination of the area impacted
which is to encompass the location and acreage of the impacts (it can be shown on an aerial or
done as a survey) This to be included with the Certification of Completion and sent to the
Wilmington Regional Office (address on the letterhead page) and to Raleigh (address below)
12 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 filings

M & N Enterprises
Attn David Murdoch Jr
Julia Norris
DWQ Project # 2012 0302
May 17 2012
Page 5 of 5
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 [phone]
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 7306
Sincerely
j.,,1,Ch�rles �akild P E Dire or
Dii f Water Quality
Attachment
Enclosures GC 3890
Certificate of Completion
cc Christy Wicker USACE Wilmington Regulatory Field Office
Kim Williams — Land Management Group
Ian McMillan DWQ 401 Unit
Stephen Rynas DCM Morehead City
WiRO

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