20110436 Ver 4_More Info Received_20120523

Strickland, Bev
From: Jay Keller [jay @kellerenvironmental.com]
Sent: Wednesday, May 23, 2012 7:19 AM
To: Strickland, Bev
Subject: goldsboro milling DWQ 2011 -0436
Attachments: Compliance Document.pdf; gbmplat.pdf; Goldsboro Milling Rail Yard Exp (9).pdf
Hello Bev & hope you're doing well. We received the attached recorded plat & compliance
document. Please place it into your goldsboro milling file 20110436. Let me know if you need me to
send you a hard copy too but would prefer if we didn't. I've also included a copy of the 401 permit.
Thanks, Jay
Jay Keller
Principal
Keller Environmental, LLC
7921 Haymarket Lane
Raleigh, NC 27615
(919) 749 -8259 cell
www.kellerenvironmental.com

ACDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 2, 2011
Mr. Lorenzo Falls
Goldsboro Milling
938 Millers Chapel Road
Goldsboro, North Carolina 27534
Re: Goldsboro Milling Railyard Expansion, Wayne County
DWQ Project No. 20110436; USACE Action ID. No. SAW 2011 -00846
Ut to Bear Creek [030405, 27- 72- (0.1), C, SW, NSW]
Approval of 401 Water Quality Certification, and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Falls:
Attached hereto is a copy of Certification No. 3863 issued to Mr. Lorenzo Falls and Goldsboro Milling,
dated August 2, 2011. This letter shall also act as your approved Authorization Certificate for impacts to
the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should get any other federal,
state or local permits before you go ahead with your project including (but not limited to) Solid Waste,
Sediment and Erosion Control, Stormwater, Dam Safety, Non - discharge and Water Supply Watershed
regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Coleen Sullins
CHS /ijm
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
Jay Keller, Keller Environmental, 7921 Haymarket Lane, Raleigh, NC 27615
DLR, Raleigh Regional Office
File Copy
Filename: 110436GoldsboroMillingRailyardExpansion( Wayne )401_IC_NBR
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe) Orie
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NorthCarolina
Phone: 919 - 807 -6300 \ FAX: 919 - 807 -6494
Internet: Cppop unityn Affirmative Action
An Equal Opportunity 1 Affirmative Action Employer

Mr. Lorenzo Falls and Goldsboro Milling
Page 2 of 5
August 2, 2011
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 21-1, Section .0500 to Mr. Lorenzo Falls and Goldsboro Milling, to fill or
otherwise impact 1.74 acres of 404 /wetland in association with the construction of the proposed railyard
expansion area at the site which is located two miles north of US 70, on Millers Chapel Road,
approximately three miles east of Goldsboro, in Wayne County, North Carolina, pursuant to an application
filed on the 28d' of April, 2011, and received by the DWQ on the 9`h day of May 2011, and by Public Notice
issued by the USACE on the 6`h day of May, 2011, and received by the DWQ on May 6, 2011, and by all
additional information received by the DWQ on July 26, 2011.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice and additional information received by DWQ. If the project is changed,
prior to notification a new application for a new Certification is required. If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions of this Certification. Any new owner must notify the Division and request
the Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 21-1.0506 (h) (6) and (7).
If any plan revisions from the approved site plan result in a change in stream or wetland impact or an
increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401
Certification may be required. For this approval to be valid, compliance with the conditions listed below
is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and .general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact
Amount Approved nits
Plan Location or Reference
404/401 Wetlands
1.74 (acres)
Application and Public Notice
Buffers Zone 1
0.00 (square feet)
Application and Public Notice
Buffers Zone 2
0.00 (square feet)
Application and Public Notice
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.

Mr. Lorenzo Falls and Goldsboro Milling
Page 3 of 5
August 2, 2011
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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 404/401 Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures
shall not be conducted in a manner that may result in dis- equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. 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 Land Resources or locally delegated program has released the
project.
Continuing Compliance:
5. Mr. Lorenzo Falls and Goldsboro Milling, 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 law and
federal law. 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 to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the
Division shall notify Mr. Lorenzo Falls and Goldsboro Milling, and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 21-1.0503 and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to
Mr. Lorenzo Falls and Goldsboro Milling, 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;
Mitigation:
6. Compensatory Mitigation Using Environmental Banc & Exchange, LLC (EBX)
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you have agreed to provide wetland mitigation for proposed wetland impacts and wish to purchase
the required mitigation according to the mitigation plan modification cited after the table below. You
have 60 days from the date of this approval to make this payment. For accounting purposes, this

Mr. Lorenzo Falls and Goldsboro Milling
Page 4 of 5
August 2, 2011
Authorization Certificate authorizes payment into the EBX as discussed below to meet the
following compensatory mitigation requirement:
of Wetland
Compensatory Mitigation Required
River and Sub -basin Number
1Type
404/Wetlands — non-riparian
1.74 (acres)
Neuse /03020202
Additionally, we understand from your application that you will placing the remaining
onsite wetlands into a conservation easement. Once this instrument is finalized you must
provide a copy of the conservation agreement to the DWO.
Other conditions:
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time lots or properties are recorded. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http: //h2o.enr. state .nc.us /ncwetlands /documents/wet buf compl.pdf. The text of the sample deed
notification may be modified as appropriate to suit to this project.
Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained to flow in a
diffuse manner at 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 since the project is in the Neuse River Basin.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
Also, 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.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative hearings.
You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed- provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:

Mr. Lorenzo Falls and Goldsboro Milling
Page 5 of 5
August 2, 2011
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919)- 431 -3000, Facsimile: (919) -431 -3100
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This the 2 "d day of Auzast 2011
DIVISION F A QUALITY
Coleen Sullins
CHS /ijm
3 863

RECORDED AND VERIFIED
LOIS J. MOORING
REGISTER OF DEEDS
Date c IA 7
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION
shall be recorded in the Wayne County Registry prior to jurisdictional wetland
impacts associated with the Goldsboro Milling rail expansion project. Said Deed
Notification shall apply to Goldsboro Milling in Wayne County, North Carolina as
shown on plans titled Wetland Disturbance, Goldsboro Milling Company Mill #2
Rail Expansion, Goldsboro, NC prepared by Baker Engineering Consultants,
Inc. dated: April 5, 2011
"A portion of this project has been determined to meet the requirements for designation
as a wetland, stream or protected stream buffer. Any subsequent fill or alteration of this
area shall conform to the requirements of the state rules adopted by the State of North
Carolina in force at the time of the proposed alteration. The intent of this provision is to
prevent additional wetland, stream or buffer filling or draining, so the property owner
should not assume that a future application for filling or draining would be approved.
The property owner shall report the name of the company in any application pertaining
to said rules. This covenant is intended to ensure continued compliance with all rules
adopted by the State of North Carolina and therefore the State of North Carolina may
enforce benefits. This covenant is to run with the land and shall be binding on all Parties
and all persons claiming under them ".
Signature:
Owner's name: `ii v'i
Address: R 0 . I outs n [�
City, State, Zip Code: 11 c- Xq 5 3 �.
Phone Number: 01 t -_J 1 — 13
l lllllll Illlll III VIII Illll lull Illll lull lull Illll lull lull Illll VIII llll Illl
Doc ID: 010662830002 Tvoe: CRP
Recorded: 02/21/2012 at 11:10:48 AM
Fee Amt: $26.00 Page 1 of 2
WAYNE COUNTY. NO
LOIS J MOORING REGISTER OF DEEDS
sK29101-r,279-280
iI�17�A�17

STATE OF North Carolina
Wayne COUNTY
I, rl)cj- ryC .a i f" -f— a Notary Public of the State of North
Carolina, County, hereby certify that owner/personally appeared
before me this day and executed by above certification. Walter Pelletier - VP of
Goldsboro Milling Co
Witness my hand and notorial seal, this ,u "`= day of Fc , AC, 4 -
Notary Public
My commission expires: 5 14--

(Page 1 of 1)
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SURVEY FOR:
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OPEN SPACE SURVEY
NEW HOPE COUNTY: WAYNE
By 10o' 0' 200' STATE: NORTH CAROLINA PIN # 3538368554
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JAMES WADE ATKINSON, JR.
PROFESSIONAL LAND SURVEYOR
7705 MATHERLY DRIVE
WAKE FOREST, NC 27587
TELE: 556 -6818
DATE: 10 -28 -2011 SURVEYED BY: JWA FlEL
SCALE: 1" = 200' DRAWN BY: JWA DR.
CHECKED & CLOSURE BY: JWA
Book:N,Page:74