20150737 Ver 1_Approval Letter_20150728

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 28, 2015
Cumberiand County
• NCDWR Project No. 20150737
Cargill Roadway Project
"AFTER the FACT" APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL
CONDITIONS
Mr. Michael Klauke
Cargill Grain and Oilseed Supply Chain
1754 River Road
Fayetteville, NC 28312
Dear Mr.Klauke:
You have our "after the facY' approval, in accordance with the conditions listed below, for the following impacts for
the purpose of constructing a new roadway connecting River Road and Custer Avenue adjacent to the current Cargill
Operations Plant in Cumberland County:
Site Permanent
Fill in
Intermittent
Stream
linear ft
S-1 0
Total 0
Site
�
Fill
(ac)
0.18
Stream l�m acts in the Ca � Fear River Basir!
Temporary Permanent Temporary
Fill in Fill in Fill in
Intermittent Perennial Perennial
Stream Stream Stream
(linear ft) linear ft (linear ft
0 105 0
0 I 105 I 0
Total Stream Impact for Project: 105 linear feet.
Total Stream
Stream Impacts
Impact Requiring
(linear ft) Mitigation
linear ft)
105 0
105 I 0
Wetland Im acts in the Ca e Fear River Basin non-ri arian
Fill Excavation Mechanized Hand Clearing Total Wetland
(temporary) (ac) Clearing (ac) (ac) Impact (ac)
0 I 0
0
0 I 0.18
Total I 0.18 I 0 I 0 I 0 I 0 I 0.18
Total Wetland Impact for Project: 0.18 acres.
The project shall be constructed in accordance with your application dated received July 27, 2015. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition,
you should acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying 404 permit.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] \ Internet: www.ncdenr.gov .
An Equal Opportunity 1 Affrmative Aciion Employer
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This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
Please be aware that by having impacted streams without first applying for and securing the issuance of
a 401 Water Quality Certification, you have violated Title 15A of the North Carolina Administrative
Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of
the Clean Water Act whenever construction or operation of facilities will result in a discharge into
navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323.
It also states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with the
Directar of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these
violations and any future violations are subject to a civil penalty assessment of up to a maximum of
$25,000.00 per day for each violation.
2. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]
3. Riprap shall not be placed in the streambed in a manner that precludes aquatic life passage.
Bioengineering boulders or structures should be properly designed, sized and installed. [15A NCAC
02H.0506(b)(2)]
4. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter, dated June 17, 2014, from the North Carolina Division of Mitigation
Services (DMS) (formerly NCEEP) to meet this mitigation requirement. Until the DMS receives and
clears your payment, and proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes
payment to the EEP to meet the following compensatory mitigation requirement:
Compensatory River Basin/HUC
Mitigation Required
Stream N/A N/A
Wetlands 0.18 (acres) Ca e Fear/03030004
W aters N/A N/A

General Conditions
6. Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less
than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and
other structures including temporary erosion control measures shall not be conducted in a manner that may
result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of
the above structures. The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or
other limiting features encountered during construction, please contact NCDWR for guidance on how to
proceed and to determine whether or not a permit modification will be required. [15A NCAC
02H.0506(b)(2)]
7. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete.shall not
be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish
kills. [15A NCAC 02B.0200]
8. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected riparian buffers. [ 15A NCAC 02H.0506(b)(2)]
9. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall tie restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for
stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic
life passage. [15A NCAC 02H.0506(b)(2)]
1 l. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(2)l
12. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of North Carolina Sediment and Erosion Control Planning and
Design Manual. such as sandbags, rock berms, cofferdams and other diversion structures shall be used
to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
13. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [ 15A NCAC
02H.0506(b)(3)]
14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [ 15A NCAC 02H.0506(b)(3)]
17. The permittee and its authorized agents shall conduct its activities in a manner consister�t with Staie water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law. If the NCDWR 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 NCDWR may reevaluate and modify this certification. [ISA NCAC 02B.0200]

18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
20. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [15A NCAC 02H.0501 and .0502]
21. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and,sedimentation control requirements, etc.
22. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [ 1 SA NCAC 02B.0506(b)(2)]
23. Upon completion of the project (including any impacts at associated borrow or waste sites), the applicant
or authorized agent shall complete and return the enclosed "Certification of Completion Form" to notify
the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
02H.0502(�]
24. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction.[ I SA NCAC
02B.0506(b)(2)]
25. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste
or borrow siies, be located in wetlands or streams, compensatory mitigation wiil be required since that is a
direct impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
26. 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 [15A NCAC 02H.0506(b)(3) and (c)(3]):
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. 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.
27. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable at site,
they shail be removed and the r�atura! grade restarEd upon completicn of the project. [ 1�A NCA�
02H.0506(b)(3) and (c)(3)]
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 sixty (60) 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:OOam and S:OOpm, 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], Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Mason Herndon at [phone] or [e-mail].
Sincerely,
�N.
S. J immerman,
Director, Division of Water Resources
Electronic copy only distribution:
Emily Greer, US Army Corps of Engineers, Wilmington Field Office
Nathan Kuhn, Burns and McDonnell
Jim Rerko, Division 6 Environmental Officer
Beth Harmon, Division of Mitigation Services
NC Division of Water Resources Raleigh Central Office
File Copy

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date.of Issuance of 401 Water Quality Certification:
County:
Donald R. van der Vaart
Secretary
Certificate of Compietion
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 this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR 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 appraved plans and
specifications, and other supporting materials.
Signa'rure: Date:
Agent's Certification
[, , 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:
Engineer's Certification
Partial Final
Date:
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee 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
Registration No.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opporlunity 1 Affirmative Action Employer