20140383 Ver 1_Approval Letter_20140421

WMA
1ESVER
North Carolina Department of Environment and
Pat McCrory
Governor
April 21, 2014
Sheetz, Inc.
Attn: Tom Anastasi
5700 Sixth Avenue
Altoona, PA 16602
Natural Resources
John E. Skvarla, III
Secretary
DWR # 14 -0383
Johnston County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Sheetz Convenience Restaurant
Dear Mr. Anastasi:
You have our approval for the impacts listed below for the purpose described in your application
dated April 9, 2014 and received by the Division of Water Resources (Division) on April 14, 2014.
These impacts are covered by the attached Water Quality General Certification Number 3890 and
the conditions listed below. This certification is associated with the use of Nationwide Permit
Number 18 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you
should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water
Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts
are approved, including incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
rW—etla—nd-------rO.0-62—(ac—res—)
0 (acres)
Moal, e Carol
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportun4/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Sheetz
DWR# 14 -0383
401 APPROVAL
Page 2 of 4
1. Stormwater- Management Plan (SMP) Approval from Local Community Required
You are, required to provide one copy (hard copy or digital) of the approved'SMP, including
plan details on full -sized plan sheets, with proof of the Johnston County's approval. The
approved SMP shall be submitted to,the DWR Webscape Unit (1650 Mail Service Center,.
- - .
Raleigh, NC 27699 -1650) before any impacts authorized in this certification occur. After it is
approved and submitted to the Division, the SMP may riot be' modified without`prior written
authorization from Johnston County. If the SMP is modified in the future, then you shall
provide one modified SMP with proof of approval to the DWR Webscape Unit prior to the
commencement of the modifications.
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. Protective Fencing
The outside buffer, wetland or,water boundary and, alon&th -e 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 activities to ensure
compliance with 15 NCAC 02H .0500.
4. This approval is for the purpose�and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter'and General Certification and' is responsible for complying
with all conditions.
5.• This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for'an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at•http: / /Www.ncoaih.com/ or by
calling the OAH Clerk's Office,at (919) 431 73000 for information.
WithinAhirty. (30) calendar days of receipt of this notice, a petition,mustbe filed with the OAH. A
,petition is considered filed when the original and. one (1) copy ,along with, any applicable, OAH filing
,fee is received in the OAH during normal office hours (Mon day °through Friday between 8:00am
and,5:00pm, excluding official state holidays).

Sheetz
DWR# 14 -0383
401 APPROVAL,
Page 3 of 4
The petition maybe 'faked•to the,OAH,at (919)431 -3100, providedthe original and one copy of the
petition along -with any'applicable OAH filingfee is, received by'the OAH within ,five -(5) business�
d'ay0611owing''the1axed transmission.
Mailing.address for the .OAH:,
If sending•by First Class Mail If sending viaadelivery service
via °the USPds'tal Service: (e.g. UPS,.f6dtx)
Office of Administrative Hearings Office of Administrative Hearings -
a67.14'Mail- Service Center F1711 New Hope- Church,Road
Raleigh; NC 27699 -6714, Ral'eigh,'N'C'27609 -6285
One, (1) copy of'the petition must also be.served to, DENR;
Lacy P"resnell, General Counsel'
Department of Environmentand'Natural Resources -
1601 Mail Service Center
Raleigh, NC -17699 -1601
Please-send one,4) copy of the ,petition to DWR:
If-sending by First Class Mail If °sending -via delivery service
via-,the US Postal Service: (e.g. ,UPS, FedF-x):
Karen Higgins! Karen, Higgins
NCIDENR -DWR — 'Webscape Unit NC DENR -DWR — Webscape Unit,
1650 Ma l'Service Center 512 N. Salisbury Street'
Raleigh; NC`27699; 1650- Raleigh, NC 27604
This fetter completes the review of, the'Division under section ,401,of the Clean _Water, Act. PI'ease
contact)Cherri;Smith at 919. 7,91- 4251,or cherri: smith @ncdenr:gov if'you have any questions'or.
concerns.
S" cer ly, -
,n � m •I
'Danny, Smi � -- _
Supervisor, Water Qu ilityiRegional Operations Section
Enclosure: 3`890

Sheetz
DWR# 14 -0383
401 APPROVAL
Page 4 of 4
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Dwight Vernelson; Rivers and Associates; 107 E. 2nd Street; Greenville, NC 27834
DWR RRO 401 Files