19910022 Ver 3_Approval Letter_20191206

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Smithfield Foods, Inc.
Attn: Mr. Corey Ragole
11500 N. Ambassador Drive
Kansas City, MO 64153
NORTH CAROLINA
Environmental Quality
December 6, 2019
DWR # 91-0022 v3
Bladen County
Subject: AFTER -THE -FACT 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. WQC004209 issued to Mr. Corey Ragole and Smithfield
Foods, Inc., dated December 6, 2019. This Certification replaces the previous certification issued on
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.
D EQ �� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NOLiTH GAROLINA
919.707.9000

Smithfield Facility Expansion ATF
DWR Project #19910022v3
Individual Certification # WQC004209
Page 2 of 8
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
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 petition 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 Paul Wojoski at 919-707-3631 or [e-mail] if you have any
questions or concerns.
Sincerely,
u-
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
cc: Beth Reed, Kim (via email)
USACE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR FRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 910022v3SmithfieldFood sExpansion(Bladen)_401_IC_ATF.docx

Smithfield Facility Expansion ATF
DWR Project #19910022v3
Individual Certification # WQC004209
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION # WQC004209 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 October 9, 2019.
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:
Please be aware that by having impacted wetlands without first applying for and securing the
issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina
Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to
Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a
discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations
(CFR) Part 323. It also states any person desiring issuance of the State certification or coverage
under a general certification required by Section 401 of the Federal Water Pollution Control Act
shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-
215.6A, these violations and any future violations are subject to a civil penalty assessment of up to
a maximum of $25,000.00 per day for each violation. [15A NCAC 2H .0500]
2. 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)
Permanent
Temporary
404/401 Wetlands
Transmission Line Easement
0.470 (acres)
0.000 (acres)

Smithfield Facility Expansion ATF
DWR Project #19910022v3
Individual Certification # WQC004209
Page 4 of 8
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Fill — Concrete Pad Extension
0.020 (acres)
0.000 (acres)
Clearing (inadvertent)
0.000 (acres)
1.260 (acres)
Previously authorized by
2.825 (acres)
0.000 (acres)
Certification #4129, issued
October 11, 2017*
Open Waters*
0.010 (acres)
0.000 (acres)
*Impacts authorized in Certification #4129, issued October 11, 2017.
3. Compensatory Mitigation
Mitigation has been provided for the impacts authored in Certification #4129, issued October 11,
2017 through payment into the Division of Mitigation Services for impacts to 2.852 acres of
wetlands in Sub -basin 03040203 of the Lumber River Basin.
In addition to any previously unsatisfied mitigation requirements, mitigation must be provided for
the impacts as specified in the table below in accordance with this after -the -fact authorization, as
the impacts are considered cumulatively. The Division has received an acceptance letter from the
Division of Mitigation Services (DMS) to meet this mitigation requirement dated January 24, 2019.
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
Lumber
Wetlands
0.49 (acres)
03040203
4. Visual monitoring of the wetland stabilization project shall be conducted at a minimum of quarterly
for the first year and then annually until the site is stable (particularly after storm events) and
vegetation is successful. Any failures of vegetation may require future repairs or replacement,
which requires coordination with the Raleigh Regional Office to ensure site stability. [15A NCAC 02H
.0506(b)(2)]
5. Native wetland vegetation shall be used throughout the wetland restoration project. All tree and
shrub plantings within the temporarily disturbed wetlands shall be protected from mowing or
clearing. [15A NCAC 02H .0506(b)(2)]

Smithfield Facility Expansion ATF
DWR Project #19910022v3
Individual Certification # WQC004209
Page 5 of 8
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)]:
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.
7. 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]
8. 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. [15A NCAC 02H
.0501 and .0502]
9. 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).
10. 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]
11. 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 Facility Expansion ATF
DWR Project #19910022v3
Individual Certification # WQC004209
Page 6 of 8
12. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCG010000 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)]
13. 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)]
14. 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 026 .0200 and 15A NCAC 026 .0231]
15. 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]
16. 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)]
17. All proposed and approved temporary pipes/culverts/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)]
18. 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)]
19. 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.

Smithfield Facility Expansion ATF
DWR Project #19910022v3
Individual Certification # WQC004209
Page 7 of 8
20. 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)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. 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.
23. 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.
24. 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://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f);
25. 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]
26. 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.

Smithfield Facility Expansion ATF
DWR Project #19910022v3
Individual Certification # WQC004209
Page 8 of 8
27. 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)]
28. 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]
This the 6th day of December 2019
o.�
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
pow
WQC004209