20100899 Ver 3_Approval Letter_20170706

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F: n c iron..I'mal Quulih
July 6, 2017
Clearwater Paper Corp
Attn: Brian Hoaglund
601 W Riverside Ave, Suite 1100
Spokane, WA 99201
ROY COOPER
Goat hor
MICHAEL S. REGAN
S,, 1„[l1
S. JAY ZIMMERMAN
DWR # 2010-0899 v3
Cleveland County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Clearwater Paper Corp Expansion
USACE Action ID. No. SAW -2014-00061
Dear Mr. Hoaglund:
Attached hereto is a copy of Certification No. WQC004122 issued to Brian Hoaglund and
Clearwater Paper Corp., dated July 6, 2017. Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required by (but
not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in General Statute 150B by filing a written petition for an administrative
hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
State of North Carolina I Environmental quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Clearwater Paper Corp
WQC004122
2010-0899 v3
July 6, 2017
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, 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.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Sue Homewood at 336-8776-9693 or
[e-mail] or Alan Johnson at 704-235-2200 or [e-mail] if
you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Jeff Richardson, Cleveland County, PO Box 1210 Shelby NC 28151
Clement Riddle, ClearWater Environmental (via email)
David Shaeffer, USACE Charlotte Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR MRO 401 file
DWR 401 & Buffer Permitting Unit file
Filename: 100899v3ClearwaterPaper(Clevela nd)_401_IC

Clearwater Paper Corp
WQC004122
2010-0899 v3
July 6, 2017
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION # WQC004122 is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in
15A NCAC 02H .0500, Brian Hoaglund and Clearwater Paper Corp., who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of
Water Resources (Division) on February 3, 2017 and subsequent information on May 5, 2017,
June 7, 2017, June 12 2017, and June 13, 2017 and by Public Notice issued by the U. S. Army
Corps of Engineers and received by the Division on February 17, 2017.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0506(b)(c)
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Previous Impact (perennial)
104 (linear feet)
0 (linear feet)
Site 1 (perennial)
250 (linear feet)
20 (linear feet)
Site 2 (perennial)
737 (linear feet)
94 (linear feet)
Site 3 (perennial)
410 (linear feet)
44 (linear feet)
Site 3 (intermittent)
63 (linear feet)
0 (linear feet)
404/401 Wetlands
Site 4
0.03 (acres)
0 (acres)
Site UW1 (utility impact)
0 (acres)
0.001 (acres)
Site UW2 (utility impact)
0 (acres)
0.02 (acres)
Site UW3 (utility impact)
0 (acres)
0.0001 (acres)
Site UW4 (utility impact)
0 (acres)
0.01 (acres)

Clearwater Paper Corp
W QC004122
2010-0899 v3
July 6, 2017
2. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Division of Mitigation Services (DMS) 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 DMS to meet the following compensatory mitigation requirement [15A NCAC
02H .0506 (b)(6)]:
3. The Division approves the SMP consisting of two (2) wet detention basin and one (1) dry
detention basin for Phase 2S, the dry detention basin is to be converted to a wet detention
basin for Phase 35, and all associated stormwater conveyances, inlet and outlet structures,
and grading and drainage patterns depicted on plan sheets dated May 31, 2017, which are
incorporated by reference and are enforceable by the Division. The following conditions also
apply [15A NCAC 02H .0506(b)(5)]:
L The maximum allowable drainage area for the approved wet detention basin 1 shall
be 3,226,936 square feet and the maximum allowable built -upon area within that
drainage area shall be 2,153,605 square feet. Any changes to these maximum areas
shall require the applicant to submit and receive approval for a revised stormwater
management plan by the Division. [15A NCAC 02H .0506(b)(5)]
ii. The maximum allowable drainage area for the approved wet detention basin 2 shall
be 1,507,423 square feet and the maximum allowable built -upon area within that
drainage area shall be 1,210,229 square feet. Any changes to these maximum areas
shall require the applicant to submit and receive approval for a revised stormwater
management plan by the Division. [15A NCAC 02H .0506(b)(5)]
iii. The maximum allowable drainage area for the approved wet detention basin 3 shall
be 2,120,931 square feet and the maximum allowable built -upon area within that
drainage area shall be 1,729,768 square feet. Any changes to these maximum areas
shall require the applicant to submit and receive approval for a revised stormwater
management plan by the Division. [15A NCAC 02H .0506(b)(5)]
iv. The maximum allowable drainage area for the approved dry detention basin 3 (to be
converted to wet detention basin 3 for Phase 3S shall be 2,120,931 square feet and
the maximum allowable built -upon area within that drainage area shall be 157,025
square feet. Any changes to these maximum areas shall require the applicant to
submit and receive approval for a revised stormwater management plan by the
Division. [15A NCAC 02H .0506(b)(5)]
Compensatory Mitigation
Required
River & Sub -
basin Number
Perennial Stream
1397 (feet)
Broad 03050105
3. The Division approves the SMP consisting of two (2) wet detention basin and one (1) dry
detention basin for Phase 2S, the dry detention basin is to be converted to a wet detention
basin for Phase 35, and all associated stormwater conveyances, inlet and outlet structures,
and grading and drainage patterns depicted on plan sheets dated May 31, 2017, which are
incorporated by reference and are enforceable by the Division. The following conditions also
apply [15A NCAC 02H .0506(b)(5)]:
L The maximum allowable drainage area for the approved wet detention basin 1 shall
be 3,226,936 square feet and the maximum allowable built -upon area within that
drainage area shall be 2,153,605 square feet. Any changes to these maximum areas
shall require the applicant to submit and receive approval for a revised stormwater
management plan by the Division. [15A NCAC 02H .0506(b)(5)]
ii. The maximum allowable drainage area for the approved wet detention basin 2 shall
be 1,507,423 square feet and the maximum allowable built -upon area within that
drainage area shall be 1,210,229 square feet. Any changes to these maximum areas
shall require the applicant to submit and receive approval for a revised stormwater
management plan by the Division. [15A NCAC 02H .0506(b)(5)]
iii. The maximum allowable drainage area for the approved wet detention basin 3 shall
be 2,120,931 square feet and the maximum allowable built -upon area within that
drainage area shall be 1,729,768 square feet. Any changes to these maximum areas
shall require the applicant to submit and receive approval for a revised stormwater
management plan by the Division. [15A NCAC 02H .0506(b)(5)]
iv. The maximum allowable drainage area for the approved dry detention basin 3 (to be
converted to wet detention basin 3 for Phase 3S shall be 2,120,931 square feet and
the maximum allowable built -upon area within that drainage area shall be 157,025
square feet. Any changes to these maximum areas shall require the applicant to
submit and receive approval for a revised stormwater management plan by the
Division. [15A NCAC 02H .0506(b)(5)]

Clearwater Paper Corp
WQC004122
2010-0899 0
July 6, 2017
V. The footprint of all stormwater management devices as well as an additional 10 -foot
wide area on all sides of the devices shall be located in either: public rights-of-way;
dedicated common areas; or recorded easement areas. The final plats for the project
showing all such rights-of-way, common areas and easement areas shall be in
accordance with the approved plans. [15A NCAC 02H .0506(b)(5)]
vi. The approved SMP shall be constructed and operational before any permanent
building or other structure is occupied at the site. [15A NCAC 02H .0506(b)(5)]
vii. The SMP may not be modified without prior written authorization from the Division.
[15A NCAC 02H .0506(b)(5)]
viii. Maintenance activities for the three basins shall be performed in accordance with the
notarized O&M agreements signed by Mr. Rodney Powell of Clearwater Paper Corp on
June 14, 2017. The O&M agreement shall transfer with the sale of the land or transfer
of ownership/responsibility for the BMP facility. The Division shall be notified
promptly of every transfer. [15A NCAC 02H .0506(b)(5)]
ix. The applicant and/or authorized agent shall provide a completed Certificate of
Completion form to the Division within thirty (30) days of completion of Phase 25 and
shall submit a Certificate of Completion form to the Division upon conversion of the
dry detention basin to a wet detention basin for Phase 3S of the project (available at
https:Hedocs.deq.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0506(b)(5)]
4. The project shall comply with 15A NCAC 02T.0301 and all other State, Federal and local
sewer system regulations. [15A NCAC 02T.0301]
5. Construction corridors in wetlands and across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 50 feet wide for gas utility lines and 40 feet
wide for all other utility lines. Exceptions to this condition require application to and written
approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
For construction corridors in wetlands and across stream channels, stumps shall be grubbed
only as needed to install the utility and remaining stumps shall be cut off at grade level. The
general stripping of topsoil within wetlands along the construction corridor is not permitted.
6. Permanent maintained access corridors in wetlands and across stream channels shall be
restricted to the minimum width practicable and shall not exceed 20 feet wide for all sewer
lines except at manhole locations. 15 -foot by 15 -foot perpendicular vehicle turnarounds
shall be allowed in access corridors but must be spaced at least 500 feet apart. [15A NCAC
02H .0506 (b)(2) and (c)(2)]

Clearwater Paper Corp
WQ0004122
2010-0899 A
July 6, 2017
7. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until
the utility exits the wetland. Anti -seep collars may be constructed with class B concrete,
compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled,
and perpendicular wetland crossings that are open cut and less than 150 feet long do not
require anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10-5
cm/sec or less. A section and plan view diagram is attached for the anti -seep collars. [15A
NCAC 02H .0506 (b)(4) and (c)(4)]
The following specifications shall apply to class B concrete:
a. Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b. Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c. Maximum water -cement ratio gallons per sack 6.8
d. Slump range 2" to 4"
e. Minimum strength - 28 day psi 2,500
8. The applicant shall have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical. During excavation, the soils shall be placed on
fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be
piled separately from subsoils and will be backfilled into the trench only after the subsoils
have been placed and compacted.
9. The Permittee shall visually inspect the stream channel in the immediate vicinity of the aerial
sewer crossing at station 94+00 (sheet C-106) semi-annually for signs of stream instability.
Photo documentation shall be taken of the channel upstream and downstream of the aerial
crossing during each inspection and shall be made available to the Division upon request.
10. 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 Pre -Construction Notification for this
project. 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. Approved
plans and specifications for this project are incorporated by reference and are enforceable
parts of this permit. [15A NCAC 02H .0501 and .05021
11. 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. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:

Clearwater Paper Corp
WQC004122
2010-0899 v3
July 6, 2017
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.
12. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized by this Certification. [15A
NCAC 02H.0501 and .0502]
13. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects
that disturb one (1) or more acres of land. The NCGO10000 Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated in the conditions of the
permit. If the 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. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
14. 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. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
15. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]

Clearwater Paper Corp
WQC004122
2010-0899 0
July 6, 2017
16. Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert. [15A NCAC 02H .0506(b)(2)
and (c)(2)]
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) 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.
17. All temporary impact areas (including temporary impacts associated with permanent impact
areas) shall be returned to natural conditions within 60 calendar days of the determination
that the temporary impact is no longer necessary. The impacted areas shall be restored to
original grade, including each stream's original cross sectional dimensions, plan form pattern,
and longitudinal bed and bed profile, and the various sites shall be stabilized with natural
woody vegetation (except approved maintenance areas) and restored to prevent erosion.
[15A NCAC 02H .0506(b)(2) and (c)(2)]
18. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2)
and (c)(2)]
19. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)]
20. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]

Clearwater Paper Corp
WQC004122
2010-0899 0
July 6, 2017
21. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundaries in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall be put in
place at the time of recording of the property, or of individual lots, whichever is appropriate.
A sample deed notification can be found online: http://ncdenr.s3.amazonaws.com/s3fs-
public/Water%20Quality/Surface%2OWater%20Protection/401/Certs%20and%2OPermits/sa
mple deed notification.pdf. The text of the sample deed notification may be modified as
appropriate to suit to this project. Documentation of deed notifications shall be provided to
the Division upon request. [15A NCAC 02H .0501 and .0502]
22. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project.
23. Brian Hoaglund and Clearwater Paper Corp. 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 and Federal law. [15A NCAC 02B .0200] 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.
Before modifying the Certification, the Division shall notify Brian Hoaglund and Clearwater
Paper Corp. 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 Brian Hoaglund and
Clearwater Paper Corp. 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.
24. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
25. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]

Clearwater Paper Corp
WQC004122
2010-0599 0
July 6, 2017
26. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and
this Certification does not create any prescriptive right or any right of priority regarding any
usage of water. This Certification shall not be interposed as a defense in any action respecting
the determination of riparian or littoral rights or other rights to water use. No consumptive
user is deemed by virtue of this Certification to possess any prescriptive or other right of
priority with respect to any other consumptive user regardless of the quantity of the
withdrawal or the date on which the withdrawal was initiated or expanded.
27. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
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 Permit. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .05061
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 61h day of July, 2017
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/slh
WQC004122