20190752 Ver 4_Approval Letter_20201002

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Chemours Company
Fayetteville Works Facility
ATTN: Ms. Christel E. Compton
22828 NC Highway 87 W.
Fayetteville, NC 28306-7332
NORTH CAROLINA
Environmental Quality
October 02, 2020
DWR # 20190752 Ver 4
Bladen County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Chemours — Seep C Flow -through Cell — Pilot Study Project
USACE Action ID. No. SAW-2019-00206
Dear Ms. Compton:
Attached hereto is a copy of Certification No. WQC004235 issued to Chemours Company, dated
October 02, 2020. 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 E Q�� 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
m )ry rN cmo:. i
o.�ro�em or E�.w�����a�:r� /� 919.707.9000

Chemours — Seep C Flow -through Cell — Pilot Study Project
DWR Project #20190752 Ver 4
Individual Certification #WQC004235
Page 2of7
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 919-707-9015 or [e-mail] if you have any
questions or concerns.
Sincerely,
DocuSignn�eJd by:
�Gi "I W0204"
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Mr. Luke Eggering, PWS, Parsons (via email)
Ms. Emily Greer, USACE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA Region 4 (via email)
DWR FRO
DWR 401 & Buffer Permitting Branch files (Laserfiche)
Filename: 20190752v4Chemours_Seep_C_Flow-throughCellPilotStudyProject(Bladen)_401_IC

Chemours — Seep C Flow -through Cell — Pilot Study Project
DWR Project #20190752 Ver 4
Individual Certification #WQC004235
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004235 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 Chemours Company, who has authorization for the impacts listed below, as described within your
application received by the N.C. Division of Water Resources (Division) on August 6, 2020 and subsequent
information received on September 21, September 24, and September 29, 2020, and by Public Notice
issued by the U. S. Army Corps of Engineers and received by the Division on September 1, 2020.
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. The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount
Approved (units)
Permanent
Amount Approved
(units)
Temporary
Stream
Seep C — Fill
70 (linear feet)
0 (linear feet)
Seep C — Impoundment
260 (linear feet) 1
0 (linear feet)
Seep C — Filter Bed Overtopping
Level Impoundment
0 (linear feet)
125 (linear feet)
Site C Total
330 (linear feet)
125 (liner feet)
Wetland
Seep C - W1 Direct Fill
0.16 (acres)
0 (acres)
Seep C - W1 Impoundment
0.06 (acres)
0 (acres)
Seep C — Filter Bed Overtopping
Level Impoundment
0 (acres)
0.01 (acres)
Seep C - W1 Total
0.22 (acres)
0.01 (acres)
' Permanent impact, not counted as permanent loss for the purposes of mitigation.

Chemours — Seep C Flow -through Cell — Pilot Study Project
DWR Project #20190752 Ver 4
Individual Certification #WQC004235
Page 4 of 7
2. Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the North Carolina Division of Mitigation Services (DMS)
dated September 29, 2020 to meet this mitigation requirement. Until the 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 the DMS to meet the following compensatory mitigation requirement [15A
NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation Required
River and Sub -basin Number
Stream
1 70 (linear feet)'
Cape Fear (03030005)
3. This approval is for the purpose and design described in your application and as described in the Public
Notice and subsequent Exhibits received by the Division dated "September 2020" (revised) and
received by the Division on September 29, 2020. All 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]
4. If the project results in steam loss due to flow reduction or a reduction to wetland area (as defined
by the 1987 U.S. Army Corps of Engineers Wetland Manual and confirmed by a Corps
representative), the impacts shall be considered permanent and shall require a modification of this
Certification. These impacts will be counted cumulatively and mitigation will be required for total
project permanent impacts to perennial streams exceeding 300 linear feet, and/or total project
permanent impacts to wetlands exceeding one acre [15A NCAC 02H .0506 (b)(6) and 15A NCAC 026
.0211 (1) and (2)]
5. All wetlands, streams, and surface waters located within 50 feet of the construction area on the
project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities and must be maintained on the property until the project phase is completed. [15A NCAC
02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
6. Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. The applicant will also be
required to evaluate all acquired permits to assure that they are consistent and all relative impacts
are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC
02H .0506 (4)]
2 In accordance with documentation and information provided by the U.S. Army Corps Of Engineers, the impacts authorized by
General Certification number 4138 issued to Chemours — Fayetteville Works on October 16, 2019 (DWR # 2019-1146) are
counted cumulatively with the impacts authorized by this certification for the purposes of determining mitigation thresholds
per 15A NCAC 02H .0506(c) and Session Law 2017-10.

Chemours — Seep C Flow -through Cell — Pilot Study Project
DWR Project #20190752 Ver 4
Individual Certification #WQC004235
Page 5 of 7
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre -Construction Notification for this project. All
construction activities, including the design, installation, operation, and maintenance of sediment
and erosion control Best Management Practices shall be performed so that no violations of state
water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502]
8. If activities must occur during periods of high biological activity (e. g. sea turtle nesting, fish
spawning) then biological monitoring may be required at the request of other state or federal
agencies and coordinated with these activities. [15A NCAC 02H 0506(b)(2) and15A NCAC 04B .0125]
All moratoriums on construction activities established by the NC Wildlife Resources Commission
(WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National
Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written
approval by the resource agency responsible for the given moratorium. A copy of the approval from
the resource agency shall be forwarded to DWR.
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). Sediment and erosion control
measures shall not be installed in wetlands or waters with the exception of turbidity curtains. All
sediment and erosion control devices shall be removed and the natural grade restored within two
(2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) has
released the specific area within the project. [15A NCAC 02H .0501 and .0502]
10. 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)]
11. 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)]
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]

Chemours — Seep C Flow -through Cell — Pilot Study Project
DWR Project #20190752 Ver 4
Individual Certification #WQC004235
Page 6of7
13. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions,
within 60 days of the determination that the temporary impact is no longer necessary. The impacted
areas shall be restored to original grade, including the stream's original cross sectional dimensions,
plan form pattern, and longitudinal bed and bed profile, and the site shall be stabilized with natural
woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC
02H .0506(b)(2) and (c)(2)]
14. 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.
15. 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)]
16. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15ANCACO2H .0506(b)(3) and (c)(3)]
17. 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.
18. Chemours Company shall conduct 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 Chemours Company 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 Chemours Company 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.
19. The permittee shall report to the Fayetteville Regional Office at 910-433-3300 (after hours and on
weekends call 877-623-6748) any noncompliance with this certification, any violation of stream or
wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts. [15A NCAC
02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the applicant became aware of the circumstances. A written

Chemours — Seep C Flow -through Cell — Pilot Study Project
DWR Project #20190752 Ver 4
Individual Certification #WQC004235
Page 7 of 7
submission shall also be provided within 5 business days of the time the applicant becomes aware of
the circumstances. The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may
waive the written submission requirement on a case -by -case basis.
20. 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)]
21. 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]
22. 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.
23. 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)]
24. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this 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 2nd day of October 2020
[DocuS'gned�/by:
�icwG W020
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
PA W
WQC004235