20110497 Ver 2_Approval Letter_20150903

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A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 3, 2015
The Three J's, Inc.
Attn: Mr. Ken Jones
Post Office Box 2280
Smithfield, NC 27577
Donald R. van der Vaart
Secretary
DWR # 11 -0497 V2
Wayne County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
APPROVAL OF NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Deacon Jones Auto Dealerships
Dear Mr. Jones:
You have our approval for the impacts listed below for the purpose described in your application dated
August 3, 2015 and received by the Division of Water Resources (Division) on August 4, 2015. These
impacts are covered by the attached Water Quality General Certification Number 3890, Neuse River
Riparian Buffer Rules and the conditions listed below. This certification is associated with the use of
Nationwide Permit Numbers 18 and 39 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(s) or general permit
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 are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233]]
Type of Impact Amount
Approved
(units)
Permanent
Wetlands
W1 (Parking Lot) 0.37 (acres)
W2 (Culvert) 0.01 (acres)
Stream
Amount Plan location/
Approved Reference Attached
(units)
Temporary
0 (acres) Sheet 2 of 3
0 (acres) Sheet 1 of 3
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -6481 1 Fax: [phone] Internet: www.nodenr.gov
An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper

S1 (Culvert)
S2 (Stabilization)
Open Water
DWI (Ditch)
Buffers
B1 (Road Crossing)
B2 (BMP Discharge)
73 (linear feet) 0 (linear feet)
20 (linear feet) 0 (linear feet)
0.07 (acres)
Square Feet
1,052 (Zone 1)
946 (Zone 2)
1,150 (Zone 1)
522 (Zone 2)
0 (acres)
Square Feet
0 (Zone 1)
0 (Zone 2)
0 (Zone 1)
0 (Zone 2)
The Three J's, Inc.
Attn: Mr. Ken Jones
DWR# 11 -0497 V2
401 AND BUFFER APPROVAL
Page 2 of 5
Sheet 1 of 3
Sheet 1 of 3
Sheet 2 of 3
Sheet 1 of 3
Sheet 2 of 3
2. 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. [15A NCAC 02B .0507(d)(2)]
3. If any erosion problems are observed in the surface waters downslope of the stormwater
discharge points, then you shall immediately repair and correct the problem and prevent
further damage and sediment discharge to the receiving surface waters. Please be aware
that these repairs may require you to obtain a 404 Permit from the Corps and a 401
Certification from the Division. [15A NCAC 02H .0506(b)(5)]
4. Water Qualitv Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3890. [15A NCAC 02B .0507(c)]
5. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 02B .0211 (k). Appropriate sediment and erosion control practices
must be used to meet this standard. [15A NCAC 02B .0211 (k)]
6. The Permittee shall replant the vegetation within temporarily disturbed areas associated
with this project in an "in kind" manner immediately following construction. (Example:
Disturbed areas with pre- existing grassed lawns must be replanted with grass. Disturbed
areas with pre- existing trees or woody vegetation must be replanted with trees and woody
vegetation. Disturbed areas with pre- existing forest vegetation must be replanted with
forest vegetation including at least two different native hardwood tree species at a density
sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by
planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.)
Restoration of trees /shrubs /forest must be completed by the first subsequent planting
season (November 1 through March 30). Note, if the tree plantings do not survive, they
will need to be replaced such that the density is sufficient to provide 320 trees per acre at
maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0233
(6)]

The Three J's, Inc.
Attn: Mr. Ken Jones
DWR# 11 -0497 V2
401 AND BUFFER APPROVAL
Page 3 of 5
Continuing Compliance
7. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H
.0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]
8. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids 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 Washington Regional
Office at 252.946.6481 and after hours and on weekends call (800) 858 -0368.
Management of such spills shall comply with provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), SSA NCAC
02B .0200 (3)(f), and GS 143 Article 21A]
9. 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. This shall be done during the initial stage of construction. 15A
NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
Other Conditions
10. Re Ooener Clause
The Three J's, Inc. and their authorized agents shall conduct their 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. The Three J's, Inc. shall require their
contractors (and /or agents) to comply with all of the terms of this Certification, and shall
provide each of their 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 DWR 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 law is being
violated, or that further conditions are necessary to assure compliance, DWR 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, DWR shall notify The Three J's, Inc. 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 DWR in writing, 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.

The Three J's, Inc.
Attn: Mr. Ken Jones
DWR# 11 -0497 V2
401 AND BUFFER APPROVAL
Page 4 of 5
11. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained to flow in
a diffuse manner at a non - erosive velocities through the entire protected stream buffers
without re- concentrating. If this is not possible it may be necessary to provide stormwater
facilities that are considered to remove nitrogen and phosphorus. Additionally, a
stormwater management plan for this project shall provided to this Office before any
impacts approved herein are conducted. The plan shall specify all stormwater discharge
points, plan details, and calculations to indicate that diffuse flow through the protected
buffers or nitrogen and phosphorus removal as described above will be achieved. (15A
NCAC 02B.0233(5)
12. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650. [15A NCAC 02H
.0507 (c)]
13. The applicant and /or authorized agent shall provide a completed Certificate of Completion
form to the Division within thirty (30) days of project completion (available at
htt : /oortal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandoermits /apply /forms). [15A NCAC
02H .0506(b)(5)]
14. Within 60 days of completion of construction, as -built drawings (which can be shown on an
aerial or done as a survey) shall be submitted to both the Division of Water Quality, 401 &
Buffer Permitting Unit, 1617 Mail Service Center, Raleigh NC 27699 -1617 and to the
Washington Regional Office. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
15. This approval and their conditions are final and binding unless contested. [G.S. 143- 215.5]
These Certifications 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 httD: / /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be 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 (Monday through Friday between 8:OOam and S:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
The Three 1's, Inc.
Attn: Mr. Ken Jones
DWR# 11 -0497 V2
401 AND BUFFER APPROVAL
Page 5 of 5
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam H. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water and Neuse River
Buffer Rules. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbrau ¢ h(1a ncdenr.aov if
you have any questions or concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC 3890
Certification of Completion
cc: Gary Beecher, USACE Washington Regulatory Field Office (via email)
Laserfiche
File
Pat McClain, DELMR WaRO (via email)
Kevin C. Martin, S &EC, PA (via email: kmartin @sandec.com)

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DISTURBED AREA TO BE GRADED AND REVEGETATED- 886 S.F. OR 0.020 AC.
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