19910022 Ver 3_401 WQC_20191009

Water Resources
Environmental Quality
October 11, 2017
Smithfield Foods, Inc.
Attn: Mr. Corey Ragole
11500 N. Ambassador Drive
Kansas City, MO 64153
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 91-0022 v2
Bladen County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Smithfield Facility Expansion
USACE Action ID. No. SAW -2017-00550
Dear Mr. Ragole:
Attached hereto is a copy of Certification No. 4129 issued to Mr. Corey Ragole and Smithfield
Foods, Inc., dated October 11, 2017. Please note that you should get any other federal, state
or local permits before proceeding with the subject project, including those required by (but
not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations.
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) within
sixty (60) calendar days.
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. 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 8:00am and 5:00pm, 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
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, Norlh Carolina 27105
Phone: [phone] FAX; 336-776-9797

Smithfield Foods, Inc.
DWR Project # 91-0022 v2
Individual Certification #4129
Page 2 of 7
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a peon is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Chad Turlington at 910-433-3320 or
chad.turlington(a).ncdenr.gov or Jennifer Burdette at 919-807-6364 or
jennifer.burdette(aD,ncdenr.gov if you have any questions or concerns.
i
Higgins,ren a Buffer Permitting Branch
cc: Beth Reed, Kim(via email)
USAGE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR FRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 910022v2SmithfieldFoodsExpansion(Bladen)_401_IC.docx

Smithfield Foods, Inc.
DWR Project # 91-0022 v2
Individual Certification #4129
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4129 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500, to Mr. Corey Ragole and Smithfield Foods, Inc., who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on June 14, 2017 and subsequent information on September 27, 2017, and
by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on
July 13, 2017.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the
Certification are met. Impacts in this permit shall be cumulative with 0.02 acres of permanent
wetland impact completed under Individual Certification # 2644 issued on November 15,
1991. No other impacts are approved, including incidental impacts. [15A NCAC 02B
0506(b) & (c)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Wetlands
Permanent
Temporary
404/401 Wetlands
2.825 (acres)
0 (acres)
Open Waters
0.01 (acres)
0 (acres)
2. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Division of gation Services (DMS) to
meet this mitigation requirement. Until DMS receives and clears your payment, and proof of
payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes
payment to DMS to meet the following compensatory mitigation requirement [15A NCAC 02H
0506 (c)(6)]:
Compensatory Mitigation
River and Sub -basin
Required
Number
Wetlands
2.825 (acres)
Lumber
03040203

Smithfield Foods, Inc.
DWR Project # 91-0022 v2
Individual Certification #4129
Page 4 of 7
3. Stormwater Management Plan
The Division approves the SMP consisting of an underground detention system, discharge
pump, and linear pond and all associated stormwater conveyances, inlet and outlet
structures, and grading and drainage patterns depicted on plan sheets dated June 9, 2017,
which are incorporated by reference and are enforceable by the Division. The following
conditions also apply [15A NCAC 02H .0506(c)(4)]:
a. The Permittee shall not modify the stormwater management plan, including to but not
limited to the modification of the built upon area directed to the stormwater detention
system, without prior approval to the Division.
b. The Permittee shall conduct quarterly inspections of the wetland for any visual
indication of erosion occurring downslope of the pond outlet and/or the level spreader.
Records of the inspections shall be kept by the Permittee and available to the Division
upon request.
c. If any erosion problems are observed in the wetlands downslope of the stormwater
discharge points, then the Permittee shall immediately repair and correct any problems
evident within the pond outlet and/or level spread to prevent further damage to the
receiving wetland. The Permittee shall contact the Fayetteville Regional Office to
determine what corrective actions may be necessary within the wetlands. Please be
aware that corrective actions within the wetlands may require you to obtain a 404 Permit
from the Corps and a 401 Certification from the Division.
4. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. Any modifications to the project require
notification to DWR and may require an application submittal to DWR with the appropriate fee.
[15A NCAC 02H .0501 and .0502]
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the impacts (including temporary impacts) as authorized under this Certification. NCAC
02H .0501 and .0502] [15A
6. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
7. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
[15A NCAC 02H .0501 and .0502]
8. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. [15A NCAC 02B .0201]

Smithfield Foods, Inc.
WR Project # 91-0022 v2
Individual Certification #4129
Page 5 of 7
9. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCGO10000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in the
conditions of the permit. If the project is covered by this permit, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self-monitoring, record keeping and reporting requirements is required. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
10. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and
Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion
structures shall be used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3)
and (c)(3)]
11. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B .0200
and 15A NCAC 02B.0231]
12. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A
NCAC 02B .0200]
13. No temporary impacts are allowed beyond those included in this Certification. All temporary fill
and culverts shall be removed and the impacted area shall be returned to natural conditions
within 60 calendar days after the temporary impact is no longer necessary. The impacted areas
shall be restored to original grade, including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored
and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
14. All proposed and approved temporary pipes/culvert
s/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North
Carolina Department of Transportation Best Management Practices for Construction and
Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of
this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
15. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or other
approved materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area. [15A NCAC 02H .0506(b)(2)]

Smithfield Foods, Inc.
DWR Project # 91-0022 v2
Individual Certification #4129
Page 6 of 7
16, This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed,
and Trout Buffer regulations.
17. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of a waterbody or wetlands
to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A
NCAC 02B .0211 (12)]
18. Heavy equipment working in wetlands shall be placed on mats or other measures shall betaken
to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
19. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
20. Mr. Corey Ragole and Smithfield Foods, Inc. shall conduct construction 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 and Federal law. [15A NCAC 02B .0200] If the Division 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, the Division may reevaluate and modify this Certification. Before modifying
the Certification, the Division shall notify Mr. Corey Ragole and Smithfield Foods, Inc. and the
U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503
and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new
or revised conditions shall be provided to Mr. Corey Ragole and Smithfield Foods, Inc. in writing,
shall be provided to the U.S. 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.
21. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on
the DWR website https:Hedocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
22. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]

Smithfield Foods, Inc.
WR Project # 91-0022 v2
Individual Certification #4129
Page 7 of 7
23. This Certification neither grants nor affirms any property right, license, or privilege in any waters,
or any right of use in any waters. This Certification does not authorize any person to interfere
with the riparian rights, littoral rights, or water use rights of any other person and this Certification
does not create any prescriptive right or any right of priority regarding any usage of water. This
Certification shall not be interposed as a defense in any action respecting the determination of
riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue
of this Certification to possess any prescriptive or other right of priority with respect to any other
consumptive user regardless of the quantity of the withdrawal or the date on which the
withdrawal was initiated or expanded.
24. This certification grants permission to the director, an authorized representative of the Director,
or DENR staff, upon the presentation of proper credentials, to enter the property during normal
business hours. [15A NCAC 02H .0502(e)]
25. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
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 or CAMA Permit. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
Higgins,ren Supervisor1 & Buffer
KAH/jab
4129