20090157 Ver 1_Notice of Withdrawal_20090811

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
August 11, 2009
Dee Freeman
Secretary
DWQ # 09-0157
Brunswick County
Mr. William H. Smith
115 Linden Drive
Danville VA 24541
Subject Property: Scotchman 421 Truck Plaza Expansion
NOTICE, OF RETURN
Dear Mr. Smith:
On March 4, 2009, the Division of Water Quality (DWQ) received the Public Notice issued by the
U.S. Army Corps of Engineers to fill or otherwise impact 0.72 of 404 Wetlands for the purpose of
expanding the existing Scotchman Truck Plaza. The DWQ received additional information on May
12, 2009, and June 1, 2009. We met with you and your consultant (Southern Environmental Group,
Inc.), and Emily Hughes of the U.S. Army Corps of Engineers on July 16, 2009, to discuss the
concerns about the prior non-compliance history of this site and other deficiencies within the
application. On August 4, 2009, the DWQ received an email notice from your consultant describing
your desire to delay the application review process in order for you to assess and resolve the prior non-
compliance issues with the Scotchman Truck Plaza facility. Therefore, your file is hereby considered
withdrawn and will not be reviewed until the DWQ's earlier concerns are addressed.
We would like to express our appreciation for your work to resolve the non-compliance problems at
this facility. Once you have collected sufficient information to have a complete application and have
addressed the non-compliance issues, you will need to reapply for DWQ approval (please see our July
1, 2009, letter for the specific information). This includes submitting a complete application package
with the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and any work done within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please call Chad Coburn at 910-796-7215 or Ian McMillan at 919-
733-1786 if you have any questions or concerns.
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
Division of Water Quality
cc: Amanda Kolb - Southern Environmental Group, Inc., 5315 S
Emily Hughes - USACE Wilmington Field Office
Stephen Rynas - DCM Morehead City
Molly Ellwood - NC Wildlife - Wilmington
Rich Carpenter - DMF Wilmington
Ian McMillan - DWQ 401 Oversight and Express Unit
WiRO
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
College Rd, Suite E, Wilmington, NC 28412
North Carolina
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