20160943 Ver 1_Approval Letter_20161004

Environmental
Quality
October 4, 2016
Hardee 3 Enterprises, Inc.
Attn: Mr. Dan Hardee
4630 East 10t" Street Extension
Greenville, NC 27858
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
JAY ZIMNIERMAN
DWR Director
DWR # 16-0943
Pitt County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Hardee Junction Wastewater Project
Dear Mr. Hardee:
You have our approval for the impacts listed below for the purpose described in your application dated
August 30, 2016 and received by the Division of Water Resources (Division) on September 28, 2016. These
impacts are covered by the attached Water Quality General Certification Number 3884 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 12 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:
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)]]
Type of Impact
Amount
Amount Plan location/
Approved
Approved Reference Attached
(units)
(units)
Permanent
Temporary
Wetlands
W-1 (Mechanized Clearing)
0.07 (acres)
0 (acres)
W-2 (Mechanized Clearing)
0.08 (acres)
Wetland Site Plan
0 (acres)
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
-5>'1*Joth11ng Compares:_ _.
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

DAN HARDEE
HARDEE 3 ENTERPRISES, INC.
DWR# 2016-0943
401APPROVAL
Page 2 of 4
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 Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3884. [15A NCAC 02B .0507(c)]
5. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15A NCAC 02B .0211 (k). Appropriate sediment and erosion control
practices must be used to meet this standard. [15A NCAC 02B .0211 (k)]
Continuing Compliance
6. 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)]
7. 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 [phone].
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), 15A NCAC
02B .0200 (3)(f), and GS 143 Article 21A]
Other Conditions
8. Re Opener Clause
The Hardee 3 Enterprises, 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 Hardee 3 Enterprises, 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

DAN HARDEE
HARDEE 3 ENTERPRISES, INC.
DWR# 2016-0943
401APPROVAL
Page 3 of 4
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 Hardee
3 Enterprises, 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.
9. 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)]
10. 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 http://Portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A
NCAC 02H .0506(b)(5)]
11. 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)]
12. 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 http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] 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 [phone], 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
DAN HARDEE
HARDEE 3 ENTERPRISES, INC.
DWR# 2016-0943
401 APPROVAL
Page 4 of 4
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 Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Rules. Please
contact Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have any
questions or concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 3884
Certification of Completion
cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Laserfiche
File
Marie Peedin, PE, Inner Banks Engineering, PC (email: [e-mail])