20121074 Ver 1_USACE Permit_20130415

April 15, 2013
Regulatory Division/1200A
Action ID: SAW -2012-01900
Mr. Michael Moran
Ashley Furniture Industries, Inc.
One Ashley Way
Arcadia, Wisconsin 546123
Dear Mr. Michael Moran:
In accordance with your written request of November 19, 2012, and the ensuing
administrative record, enclosed is a copy of a Department of the Army (DA) Permit to authorize
the permanent discharge of fill impacts to 316 linear feet of jurisdictional stream channels and
4.106 acres of jurisdictional forested wetlands adjacent to Buffalo Creek, associated with the
Proposed expansion of your existing furniture warehouse and manufacturing facilities located at
916 Baltimore Road, west of Advance, in Davie County, North Carolina.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notified you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your failure
to comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before December 31, 2033.
work. b. You must notify this office in advance as to when you intend to commence and complete
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to Mr. John Thomas in the
Raleigh Regulatory Field Office, telephone number [phone], extension 25.

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Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our web -site at http://per2.nwp.usace.army.mil.survey.btml and
completing the survey on-line. We value your comments and appreciate your taking the time to
complete a survey each time you interact with our office.
Sincerely,Filename:2ndTO SAW -2012-01900
Ashley Furniture.docx
CESAW-RG-R/JT/dh
CESAW-RG-R/FILE
MAIL
Steven A. Baker
Colonel, U.S. Army
District Commander
Enclosures
Copy Furnished (with enclosures):
Chief, Source Data Unit
NOAA/National Ocean Service
Attn: Sharon Tear N/CS261
1315 East-West Hwy., Rm 7316
Silver Spring, MD 20910-3282
Copies Furnished with special conditions and plans:
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Raleigh Ecological Service Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Fritz Rohde
Habitat Conservation Division - Atlantic Br.
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Tony Able
Wetlands Regulatory Section
U.S. Environmental Protection Agency - Region 4
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. William Cox
Wetlands and Marine Regulatory Section
Water Protection Division - Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303-8931
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Dr. Pace Wilber
Habitat Conservation Division - Atlantic Br.
NOAA Fisheries Service
219 Fort Johnston Road
Charleston, South Carolina 29412

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Blind Copy Furnished:
CESAW-RG- /Corbett

NOTE - SPECIAL CONDITIONS TO GO ON PAGE 3 OF ENG FORM 1721 ARE:
Special Conditions, Action ID SAW -2012-01900 Ashley Furniture Industries, Inc. Baltimore Road
Warehouse and Manufacturing Facilities Expansion
SPECIAL CONDITIONS
Failure to institute and carry out the details of the following special conditions below (listed as a -y) will
result in a directive to cease all ongoing and permitted work, within waters of the United States, including
wetlands, associated with the permitted project, or such other remedies and/or fines as the U.S. Army Corps
of Engineers District Commander or his authorized representatives may seek.
a) The North Carolina Division of Water Quality (DWQ) permit/certification number 3950 was issued for
this project on February 1, 2013. Special conditions were issued associated with this water quality
permit/certification and a copy of these conditions is attached as Exhibit A. These referenced conditions are
hereby incorporated as special conditions of this permit.
b) All work authorized by this permit must be performed in strict compliance with the attached plans dated
November 21, 2012, which are a part of this permit (identified as Exhibit B). Any modification to these plans
must be approved by the US Army Corps of Engineers (USACE) prior to implementation.
c) Except as authorized by this permit or any USACE approved modification to this permit, no excavation,
fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of
this project, within waters or wetlands. This permit does not authorize temporary placement or double
handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition
applies to all borrow and fill activities connected with this project.
d) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this project, in such a manner as
to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or
wetlands.
e) In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation
Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this
form, are hereby incorporated as special conditions of this permit authorization.
f) The Permittee shall schedule an onsite preconstruction meeting between its representatives, the
contractor's representatives and the appropriate Corps of Engineers Project Manager prior to undertaking any
work within jurisdictional waters and wetlands to ensure that there is a mutual understanding of all terms and
conditions contained within the Department of the Army permit. The Permittee shall notify the Corps of
Engineers Project Manager a minimum of thirty (3 0) days in advance of the scheduled meeting in order to
provide that individual with ample opportunity to schedule and participate in the required meeting.
g) Thirty days prior to commencing land disturbing activity, a Sedimentation/Erosion Control Plan will be
filed with the Division of Land Resources, Land Quality Section, North Carolina Department of Natural
Resources and Community Development.
The Plan must:

1. Include a scaled plat plan of the site, showing the affected areas as well as adjacent properties which
may be affected. Include contours, if available.
2. Indicate critical areas such as wetlands, creeks, streams, drainways, marsh etc.
3. Include a brief narrative describing the activities to be undertaken and a construction schedule.
4. Indicate on the plat the measures to be utilized to prevent sediment from entering adjacent properties,
such as location of silt fences, silt basins, diversion ditches, hay barriers, areas to be seeded, etc.
5. hiclude any other pertinent information directed at controlling off-site sedimentation, slope
degradation and erosion.
Note: The Plan is required whenever the proposed activity is to be undertaken on a tract comprising more
than one acre, if more than one contiguous acre is to be uncovered.
h) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C.
Division of Water Quality at [phone] or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
i) The permittee shall advise the Corps in writing prior to beginning the work authorized by this permit and
again upon completion of the work authorized by this permit.
j) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated
from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products,
organic materials (including debris from land clearing activities), or unsightly debris will not be used. Soils
used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of
the Clean Water Act.
k) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance of this project
with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project
site during construction and maintenance of this project.
1) The permittee shall employ all sedimentation and erosion control measures necessary to prevent an
increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include,
but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas
subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project
must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter I I 3 Article 4).
m) The permittee shall remove all sediment and erosion control measures placed in wetlands or waters, and
shall restore natural grades in those areas, prior to project completion.
n) During the clearing phase of the project, heavy equipment must not be operated in surface waters or
stream channels. Temporary stream crossings will be used to access the opposite sides of stream channels.
All temporary diversion channels and stream crossings will be constructed of non -erodible materials.

Grubbing of riparian vegetation will not occur until immediately before construction begins on a given
segment of wetland.
o) A representative of the Corps of Engineers will periodically and randomly inspect the work for
compliance with these conditions. Deviations from these procedures may result in an administrative financial
penalty and/or directive to cease work until the problem is resolved to the satisfaction of the Corps.
p) No fill or excavation for the purposes of sedimentation and erosion control shall occur within
jurisdictional waters, including wetlands, unless it is included on the plan drawings and specifically
authorized by this permit.
q) All temporary fills must be removed in their entirety and the affected areas returned to pre -construction
elevations. The affected areas must be revegetated, as appropriate.
r) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before
completion of the work will, without expense to the United States and in such time and manner as the
Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -
project condition.
s) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the
Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of
Engineers within 24 hours of the permittee's discovery of the violation.
t) The permittee will ensure that the construction design plans for this project do not deviate from the permit
plans attached to this authorization. Written verification shall be provided that the final construction
drawings comply with the attached permit drawings prior to any active construction in waters of the United
States, including wetlands. Any deviation in the construction design plans will be brought to the attention of
the Corps of Engineers, Raleigh Regulatory Field Office prior to any active construction in waters or
wetlands.
u) The permittee shall take measures to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with any water in or entering into waters of the United States. Water inside coffer
dams or casings that has been in contact with concrete shall only be returned to waters of the United States
when it no longer poses a threat to aquatic organisms (concrete is set and cured).
v) Measures will be included in the construction/installation that will promote the safe passage of fish and
other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the stream channel or by reducing the depth of the stream in cormection
with the construction activity. The width, height, and gradient of a proposed opening should be such as to
pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow
should be determined from gauge data, if available. In the absence of such data, bankfull flow can be used as
a comparable level.
w) Unless otherwise requested in the applicant's application and depicted on the approved work plans,
culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream.
Culverts 48 inches in diameter and less shall be buried or placed on the stream bed as practicable and
appropriate to maintain aquatic passage, and every effort shall be made to maintain existing channel slope.
The bottom of the culvert must be placed at a depth below the natural stream bottom to provide for passage
during drought or low flow conditions. Destabilizing the channel and head cutting upstream should be
considered in the placement of the culvert.

x) To ensure that all borrow and waste activities occur on high ground and do not result in the degradation of
adjacent wetlands, except as authorized by this permit, the permittee shall require its contractors and/or
agents to identify all areas to be used to borrow material, or to dispose of dredged, fill, or waste material. The
permittee shall provide the USACE with appropriate maps indicating the locations of proposed borrow or
waste sites as soon as the permittee has that information. The permittee will coordinate with the USACE
before approving any borrow or waste sites that are within 400 feet of any wetlands.
y) If the permittee discovers any previously unknown historic or archaeological sites while accomplishing
the authorized work, he shall immediately stop work and notify the Corps of Engineers, Raleigh Regulatory
Field Office Regulatory Project Manager who will initiate the required State/Federal coordination.