20180029 Ver 1_Approval Letter_20180409

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April 9, 2018
Egger Wood Products LLC
Attn: Mr. Bernhard Vorreiter
PO Box 907
Lexington NC 27293
ROY COOPER
Gm ei nw
MICHAEL S. REGAN
Scovi n r
LINDA CULPEPER
lwe m, l )""I"l
DWR # 20180029
Davidson County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Egger Wood Products Facility
USACE Action ID. No. SAW -2018-00040
Dear Mr. Vorreiter:
Attached hereto is a copy of Certification No. WQC004163 issued to Mr. Bernhard Vorreiter
and Egger Wood Products LLC, dated April 9, 2018. 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 Articles 3 and 4 of 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 I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Egger Wood Products Facility
DWR #20180029
#WQC004163
Davidson County
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
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 336-776-9693 or
[e-mail] if you have any questions or concerns.
Sincerely,
ko'm
AtN��
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Brad Luckey, Pilot Environmental Inc. (via email)
Bryan Roden -Reynolds, USACE Charlotte Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 180029Egger W ood Prod u cts( Davidson)_401_IC

Egger Wood Products Facility
DWR #20180029
#W QC004163
Davidson County
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004163 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 15
NCAC 02H .0500, to Mr. Bernhard Vorreiter and Egger Wood Products LLC, who have authorization
for the impacts listed below, as described within your application received by the N.C. Division of
Water Resources (Division) on January 2, 2018 and subsequent information on February 5, 2018,
March 6, 2018, March 7, 2018, March 15, 2018, March 19, 2018 and March 26, 2018, and by Public
Notice issued by the U. S. Army Corps of Engineers and received by the Division on January 12,
2018.
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 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Site SX 49 (linear feet)
0 (linear feet)
404/401 Wetlands
Site WXA
0.238 (acres) 0 (acres)
Open Waters
Site PX / PXA
1.0 (acres)
0 (acres)
2. 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. Any modifications to the project require
notification to DWR and may require an application submittal to DWR with the appropriate fee.
[15A NCAC 02H.0501 and .0502]

Egger Wood Products Facility
D W R #20180029
#W QC004163
Davidson County
3. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within the 1-85 Corporate
Center Industrial Park may be considered cumulative to impacts approved in this Certification
and may require a modification of this 401 Water Quality Certification approval. [15A NCAC
02H .0506(4) and 15A NCAC 02H .0501 and .0502]
4. The Division approves the SMP consisting of a wet pond and all associated stormwater
conveyances, inlet and outlet structures, and grading and drainage patterns depicted on plan
sheets dated February 1, 2018, which are incorporated by reference and are enforceable by
the Division. The following conditions also apply [15A NCAC 02H .0506(b)(5)]:
a) The maximum allowable drainage area for the approved wet pond shall be 6,363,680
square feet and the maximum allowable built -upon area within that drainage area shall be
6,139,782 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)]
b) 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)]
c) 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)]
d) The SMP may not be modified without prior written authorization from the Division. [15A
NCAC 02H .0506(b)(5)]
e) Maintenance activities for the wet pond shall be performed in accordance with the
notarized O&M agreements signed by Mr. Bernhard Vorreiter (Egger Wood Products, LLC)
on March 14, 2018. 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. 115A NCAC 02H .0506(b)(5)]
f) The applicant and/or authorized agent shall provide a completed Certificate of
Completion form to the Division within thirty (30) days of project completion (available at
https://deo. nc.gov/about/divisions/water-resources/water-resources-
permits/wastewater-branch/401-wetlands-buffer-permits/401-application-forms-help-
documents). [15A NCAC 02H .0506(b)(5)]
No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the impacts (including temporary impacts) as authorized under this Certification. [15A NCAC
02H .0501 and .0502]
6. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).

Egger Wood Products Facility
D W R #20180029
#W QC004163
Davidson County
Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
[15A NCAC 02H .0501 and .0502]
8. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. [15A NCAC 02B .0201]
9. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects
that disturb one (1) or more acres of land. The NCG010000 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)]
10. All work in or adjacent to streams 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 NCSediment 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. 115A NCAC 02H
.0506(b)(3) and (c)(3)]
11. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B .0200
and 15A NCAC 02B .0231]
12. If concrete is used during 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. [15A
NCAC 026 .0200]
13. 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)]
14. 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, including those required
by, but not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed,
and Trout Buffer regulations.

Egger Wood Products Facility
D W R #20180029
#W QC004163
Davidson County
15. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of a waterbody or wetlands
to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC
02B .0211 (12)]
16. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill
less than 25 gallons that cannot be cleaned up within 24 hours.
17. Mr. Bernhard Vorreiter and Egger Wood Products LLC 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 Mr. Bernhard Vorreiter and Egger
Wood Products LLC 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. Bernhard Vorreiter
and Egger Wood Products LLC 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.
18. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on
the DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
19. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. 115A NCAC 02H .0501 and .0502]

Egger Wood Products Facility
DW R #20180029
#W QC004163
Davidson County
20. 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.
21. 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. [15A NCAC 02H .0502(e)]
22. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
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. 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
This the 9`^ day of April 2018
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/slh
WQC004163