20120517 Ver 1_Approval Letter_20120911

'555
NCU R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild, RE Dee Freeman
Governor Director Secretary
September 11, 2012
Mr. David Gibbons
Minkles, LLC
400 South Record Street, Suite 1250
Dallas, TX 75202
Re: Electrolux Facility Expansion, Henderson County
DWQ #20120517; USACE Action ID. No. SAW- 2012 -00518
Ut to French Broad River [040302, 6- (54.5), B]
APPROVAL of 401 Water Quality Certification with Additional Conditions - REVISED
Dear Mr. Gibbons:
Attached hereto is a copy of Certification No. 3931 issued to Mr. David Gibbons and Minkles, LLC,
dated September 11, 2012. This Certification replaces the Certification issued July 11, 2012. 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.
You can contest this Certification as provided in Articles 3 and 4 of G.S. 150B by filing a written 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 sixty (60) calendar
days of receipt of this Certification. 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: Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, NC 27699 -6714, Telephone: [phone], Fax: [phone].
A copy of the petition must also be served on DENR as follows: Mr. William Cary, General Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699 -1601.
If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) calendar days following receipt of the modified
Certification.
Unless a petition is filed as described above, this Certification shall be final and binding.
I• F`1�91 hi: ?Gli.: • i'. ��If• ".�,.P4' - ^''•,

Mr. David Gibbons and Minkles, LLC
Page 2 of 6
September 11, 2012
If we can be of further assistance, please contact Ian McMillan at 919- 807 -6364 or Karen Higgins at 919-
807 -6360.
Sincerely,
arles Wakild, P. .
C W/kah/ym
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
USACE Asheville Regulatory Field Office
Kevin Barnett, DWQ Asheville Regional Office
DLR, Asheville Regional Office
Joel Lenk, Altamont Environmental, Inc., 231 Haywood Street, Asheville, NC 28801
File Copy
Filename: 201205 l 7E IectroluxFacdityExpansion (Henderson)40l _IC_Revised

Mr. David Gibbons and Minkles, LLC
Page 3 of 6
September 11, 2012 .
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 2H, Section .0500, to Mr. David Gibbons and Minkles, LLC, who have
permission to fill or otherwise impact 0.006 acres of 404 /wetland and 614 linear feet of stream associated
with expansion of the Electrolux Facility which is at 1310 Fanning Bridge Road, Fletcher, Buncombe
County, North Carolina, pursuant to an application dated April 24, 2012, and received by the DWQ on
May 17, 2012, and by Public Notice issued by the USACE on May 16, 2012, and received by the DWQ on
May 16, 2012.
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 for the purpose and design submitted in the application materials and as described in the
Public Notice. 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 2H .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 to
wetlands, streams, and/or buffers, are approved including incidental impacts:
Type of Impact
Amount Approved Units
Plan Location or Reference
404 /Wetlands — riparian
0.006 (acres)
Application and Public Notice
Stream
614 (linear 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.
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

Mr. David Gibbons and Minkles, LLC
Page 4 of 6
September 11, 2012
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained onall construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
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 /401Permit 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;
Protective Fencing - The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities;
Continuing Compliance:
6. Mr. David Gibbons and Minkles, LLC 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. David Gibbons and Minkles, LLC, 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 21-1.0504. Any new or revised
conditions shall be provided to Mr. David Gibbons and Minkles, LLC 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;
7. Mitigation:
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Stream Restoration Fund administered by the
NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DIVISION to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR — Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at (919) 716 -1921 if you have any questions concerning payment into a

Mr. David Gibbons and Minkles, LLC
Page 5 of 6
September 11, 2012
restoration fund. You have 120 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Stream
Restoration Fund to meet the following compensatory mitigation requirement:
Type of Impact
Com ensatory Mitigation Re uired
River and Sub -basin Number
Stream
1614 (linear feet)
I French Broad/06010105
8. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb one
(1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated in the conditions of the permit. If your 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. A copy of the general permit (NCG010000), inspection log sheets, and other
information may be found at http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w.
Re- opener Clause
9. Mr. David Gibbons and Minkles, LLC, and its authorized agents shall conduct its 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. Mr. David Gibbons and Minkles, LLC, shall require its contractors
(and/or agents) to comply with all of the terms of this Certification, and shall provide each of its
contractors (and /or agents) a copy of this Certification. A copy of this Certification shall be
included in the construction contract and available on the job site at all times. If DWQ 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, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15A
NCAC 02H.0507(d). Before modifying the certification, DWQ shall notify Mr. David Gibbons
and Minkles, LLC, and the US 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. David Gibbons and
Minkles, LLC, 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.
10. Stormwater Management Plan (SMP) Approval From Buncombe County Required
You are required to provide one copy of the approved SNIP for each phase of this project,
including plan details on full -sized plan sheets, with proof of the Buncombe County approval. The
approved SNIP must be submitted to the DWQ Webscape Unit (1650 Mail Service Center,
Raleigh, NC 27699 -1650) before any impacts authorized in this certification occur.
The following requirements also apply:
• The approved SNIP as well as drainage patterns must be maintained in perpetuity.
• The SNIP may not be modified without prior written authorization from Buncombe County.
A copy of the approval letter and the modified SNIP must be submitted to the DWQ
Webscape Unit prior to the commencement of the modifications.
11. The DWQ Asheville Regional Office shall be contacted 72 hours prior to start of construction.

Mr. David Gibbons and Minkles, LLC
Page 6 of 6
September 11, 2012
12. The turbidity standard of 50 NTUs shall not be exceeded.
13. Certificate of Completion
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 Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
(WeBSCaPe), 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 CANU Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the I Ith day of September 2012
DIVISION OF WATER QUALITY
IV--Xharies Wakild, P.E.
3931
CW /kah/i &;

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild, P.E. Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. David Gibbons and Minkles, LLC, who have permission to fill or
otherwise impact 0.006 acres of 404 /wetland and 614 linear feet of stream associated with expansion of the
Electrolux Facility which is at 1310 Fanning Bridge Road, Fletcher, Buncombe County, North Carolina. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached
Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
EEP Project Name:
Electrolux Expansion
DWQ PROJECT #:
20120517
LOCATION:
Fletcher
COUNTY
Henderson
BASIN/ SUB BASIN
French Broad/06010105
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one - quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts
Mitigation
614 Linear Feet Of Stream
614 Linear Feet Of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 28.0503. If you choose this option,. please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699 -1652
(919) 716 -1921
Filename- 20120517EIectroluxFacdityExpansion (Henderson)40l_IC_EEP_Revised
V \ratiands, Buffeis &ornmater, Compliance and Permnbng Unit (�NeBsca°ei
1610 Mail Service Cente,, Raleigh � Ioith Carotin., 7 399 '�"K
PI ";r : 919 - X07 -630Q �A, � 91 S 90 -6494
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