20121074 Ver 1_Approval Letter_20130201

r'
V�
Al
VCEDEWR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Ashley Furniture Industries, Inc.
Attn: Mr. Michael Moran
One Ashley Way
Arcadia, WI 54612
Division of Water Quality
Charles Wakild, P. E.
Director
February 1, 2013
John E. Skvarla, III
Secretary
DWQ #:12 -1074
Davie County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions —
Ashley Mid - Atlantic Manufacturing and Distribution Center
USACE Action ID. No. SAW- 2012 -01900
Dear Mr. Moran:
Attached hereto is a copy of Certification No. 3950 issued to Mr. Michael Moran and Ashley
Furniture Industries, Inc., dated February 1, 2013. In addition, you should get any other federal,
state or local permits before you go ahead with your project including (but not limited to)
NPDES Stormwater Permit (including NCG020000) Solid Waste, Sediment and Erosion Control,
Dam Safety, Non - discharge and Water Supply Watershed regulations.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings.
You may obtain a petition form from the Office of Administrative Hearings at
http: / /www.ncoah -com/ or call (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided
the original and one copy of the petition is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
Wetlands Buffers, Stormwater — Compliance and Permitting (Webscape) Unit One
1650 triad Service Center, Raleigh, North Garo; ni? 27699 -1650 NO Carolina
Location 512 N Salisbury St Raleigh, North Carolina 27604 AI&Aqlly
Phone 9;3807 G3001 FAX: [phone] ; Customer Service 1.877 -E23 -6748
Internet www ncwaterquality org I

Ashley Mid - Atlantic Manufacturing and Distribution Center
Page 2 of 5
February 1, 2013
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
I
�V
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
cc: John Thomas, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, (via electronic copy)
Michael Brame, ECS LLP (via electronic copy)
Neal Tucker, Stimmel & Assoc (via electronic copy)
Division of Water Quality, Winston -Salem Regional Office
File Copy
Filename: 121074AshleyMi dAtlanticManufacturingandDistributionCenter (Davie)401_IC.docx

Ashley Mid - Atlantic Manufacturing and Distribution Center
Page 3 of 5
February 1, 2013
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
(Division) Regulations in 15 NCAC 02H.0500, to Mr. Michael Moran and Ashley Furniture
Industries Inc., who have authorization to place fill within or otherwise impact 4.089 acres of
404 /wetland and 316 linear feet of stream, as described within your application received by the
N.C. Division of Water Quality (Division) on November 26, 2012, and by Public Notice issued by
the U. S. Army Corps of Engineers and received by the Division on December 6, 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 that you described in your application and as
described in the Public Notice. If you change your project, you must notify us and you may be
required to send us a new application. If the property is sold, the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. Any new owner must notify the Division and request the Certification be issued in
their name. If total fills for this project (now or in the future) exceed one acre of wetland or
150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC
02H .0506 (h). 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 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 (Units)
Plan Location or Reference
404 /Riparian Wetlands
4.089 (acres)
Application and Public Notice
Stream (perennial)
316 (linear feet)
Application and Public Notice
2. Compensatory Mitigation
Mitigation must be provided for the impacts as specified in the table below. We understand
that you wish to make payment to the Wetland and Stream Restoration Funds 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 EEP receives and clears your check, no impacts specified in this
Certification shall occur.

Ashley Mid - Atlantic Manufacturing and Distribution Center
Page 4 of 5
February 1, 2013
For accounting purposes, this Certification authorizes payment into the Wetland and
Stream Restoration Funds to meet the following compensatory mitigation requirement:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Wetlands
4.089 (acres)
Riparian Wetlands
Stream
316 (feet)
Yadkin 030705
3. Stormwater Management Plan (SMP) for DWQ Approval Required
A final, written stormwater management plan for the project (including a BMP Supplement
Form for each proposed BMP and all required items at the scales specified in the Required
Items Checklist) shall be submitted to the DWQ Webscape Unit (1650 Mail Service Center,
Raleigh, NC 27699 -1650) for review and approval. The stormwater management plan must
be designed to treat the runoff from the entire built upon area in accordance with the
version of the NC DWQ Stormwater BMP Manual that is in place on the date of the
submittal. The stormwater management plan must be approved by the DWQ before any
land disturbance associated with that phase may occur. Before any building is occupied, the
corresponding stormwater management plan as approved by the DWQ must be constructed
and operational.
4. Sediment and Erosion Control
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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
5. 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

Ashley Mid - Atlantic Manufacturing and Distribution Center
Page 5 of 5
February 1, 2013
violations of state water quality standards, statutes, or rules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of
this permit.
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream 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 (DLR) or locally delegated program
has released the specific area within the project.
7. Sediment and erosion control measures should be installed prior to any land clearing or
construction. These measures should be routinely inspected and properly maintained.
Excessive silt and sediment loads can have numerous detrimental effects on aquatic
resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills
of aquatic species.
8. All work in or adjacent to stream waters 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.
9. 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.
10. All mechanized equipment operated near surface waters should be inspected and maintained
often to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or
other toxic materials. Concrete is toxic to aquatic life and should not be allowed to come in
contact with surface waters until cured.
11. Continuing Compliance
Mr. Michael Moran and Ashley Furniture Industries 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 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

Ashley Mid - Atlantic Manufacturing and Distribution Center
Page 6 of 5
February 1, 2013
appropriate to assure compliance with such standards and requirements in accordance with
15A NCAC 02H .0507(d). Before modifying the Certification, the Division shall notify Mr.
Michael Moran and Ashley Furniture Industries 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. Michael Moran and Ashley Furniture Industries 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.
12. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
http: / /Porta1.ncdenr.org /web /wci/swp/ws /401 /certsandPerm its /apply /forms).
13. 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.
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 LAMA Permit.
This the 1st day of February 2013
DIVISION OF WATER QUALITY
Charles Wakild, P.E.
Director
CW /kah
3950