20051071 Ver 2_Approval Letter_20070822

O~Q~ W'~TFjQ pG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
~ ~- North Carolina Department of Environment and Natural Resources
~ ~
~ ~ Coleen H. Sullins, Director
Division of Water Quality
August 22, 2007
Mr. Patrick Franke, Director of Logistics
BSH Home Appliances Corporation
5551 McFadden Avenue
Huntington Beach, FL 92649
Re: BSH Home Appliances Logistic Center, Craven County
DWQ #20051071, Ver. 2; USACE Action ID. No. SAW-2006-41372-125 -REVISED
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. Franke:
Attached hereto is a copy of Certification No. 3670 issued to Mr. Patrick Franke and BSH Home
Appliances Corporation, dated August 22, 2007. This Certification replaces the Certification
issued to you on July 6, 2007. 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 H. Sullins
CHS/cbk/ijm
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Washington Regulatory Field Office, Wilmington District, USACOE
Kyle Barnes, DWQ, Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Robert M. Chiles, P.O. Box 3496, New Bern, NC 28564
Filename: 051071Ver2BSHHomeApplLogisticCtr(Craven)401_IC_NBR Revised
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htto://h2o.enr.state.nc.us/ncwetlands
Noe Carolina
~tura!!r~
An Equal OpportunitylAffirmativeRction Employer - 50% Recycled/10% Post Consumer Paper

Mr. Patrick Franke and BSH Home Appliances Corporation
Page 2 of 5
August 22, 2007
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. Patrick Franke and BSH Home
Appliances Corporation, to fill or otherwise impact 1.02 acres of 404/wetland (0.45 acres of
404/wetland fill was previously authorized on September 2, 2005, by the DWQ), and 0.00 square
feet of Zone 1 Neuse River basin protected riparian buffers and impact 0.00 square feet of Zone 2
Neuse River basin protected riparian buffers, to construct the proposed BSH Home Appliances
Corporation plant expansion, which is located southeast of the intersection of Clarks Road and US
70, near Deep Branch, west of New Bern, in Craven County, North Carolina, pursuant to an
application dated October 12, 2006 and received by the DWQ on January 4, 2007, and by Public
Notice by the U.S. Army Corps of Engineers issued on the 3r day of January of 2007 (received by
DWQ on January 4, 2007), and all additional information received by the DWQ on October 25,
2006, and October 31, 2006. This Certification shall also act as your approved No Practical
Alternatives determination for impacts to the protected riparian buffers per 15A NCAC 2B
.0233(2).
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. 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 are approved including incidental impacts:
Amount A roved Units) Plan Location or Reference
404/Wetland 1.02 acres) A lication and Public Notice
Buffer -Zone 1 0.00 s uare feet A lication and Public Notice
Buffer -Zone 2 0.00 (s uare feet) A lication and Public Notice

Mr. Patrick Franke and BSH Home Appliances Corporation
Page 3 of 5
August 22, 2007
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 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. 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 404/401 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 to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project;
5. 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 to ensure compliance with 15A NCAC 2B .0233;
Miti ag_ tion:
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the combined proposed impacts (1.02 acres
404/wetland) and previously approved impacts (0.45 acres of 404/wetland), as
specified in the table below. We understand that you wish to make a payment to the
Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. Additionally, your EEP acceptance letter
dated February 28, 2006, has expired (as stated in the first sentence of paragraph two of
your EEP letter, "This acceptance is valid for six months from the date of this letter"),
and therefore you will need to provide documentation from the NCEEP indicating their

Mr. Patrick Franke and BSH Home Appliances Corporation
Page 4 of 5
August 22, 2007
willingness to accept your request to purchase 1.47 acres of 404/wetland, non-riparian,
wetland mitigation credit to mitigate for the proposed 1.47 acres of tota1404/wetland
impacts on the site. Once you have secured the acceptance letter from EEP, please
submit it to the DWQ. However, 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) 733-
5205 if you have any questions concerning payment into a restoration fund. You have 60
calendar days from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Type of
Im act Compensatory Mitigation
Re uired River and Sub-basin
Number
404/Wetland 1.47 (acres) Neuse/03020202
Continuing Compliance:
7. Mr. Patrick Franke and BSH Home Appliances Corporation 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. Patrick Franke and BSH Home
Appliances Corporation, 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 2H.0504. Any new or revised conditions shall be provided
to Mr. Patrick Franke and BSH Home Appliances Corporation 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;
8. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to'the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements

Mr. Patrick Franke and BSH Home Appliances Corporation
Page 5 of 5
August 22, 2007
are required. A copy of this permit and monitoring report forms may be found at
http •//h2o enr. state. nc. us/su/Forms Documents. htm;
9. Written Stormwater Management Plan (No Further Approval Needed)
The final, written stormwater management plans (including a signed and notarized
Operation and Maintenance Agreement), must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building
is occupied at the subject site. The structural stormwater practices as approved by this
Office as well as drainage patterns must be maintained in perpetuity. No changes to the
structural stormwater practices shall be made without written authorization from the
Division of Water Quality.
10. 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 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 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 22"d day of gust 2007
DIVI N F A QUALITY
Coleen H. Sullins
3670
CHS/cbk/ijm

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
county:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction .was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the. State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance. and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date