20180133 Ver 2_Approval Letter_20180801

NORTH CAROLINA
ROY COOPER Environmental
MICHAEL S.-REGAhI
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LINDA CULPEPPER
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August 1, 2018
DWR # 20180133 v2
Edgecombe County
Edgecombe County
Attn: Mr. Eric Evans
201 St. Andrew St
Tarboro NC 27886
Subject: Major Variance Approval of Tar Pamlico Riparian Buffer Impacts with Additional
Conditions
Kingsboro CSX Select Site (Kingsboro Industrial Park) Triangle Tyre Development Site
Dear Mr. Evans:
You have our approval for the impacts listed below for the purpose described in your application dated
February 22, 2018, received by the Division of Water Resources (Division) February 22, 2018, with
subsequent information on April 11, 2018. This variance request was approved by the Water Quality
Committee of the Environmental Management Commission on May 9, 2018 and a Final Decision was
issued on August 1, 2018. This letter shall serve as your Major Variance approval with conditions as
authorized in 15A NCAC 02B .0259 (9)(c)(ii). This letter only addresses the major variance from the
buffer rules and does not approve any activity within Waters of the United States or Waters of the State.
Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,
and Water Supply Watershed regulations.
This approval requires you to follow the following conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B.0233(8)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers —Zone 1
Site 8 19,377 (square feet)
0 (square feet)
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Triangle Tyre
DWR Project # 20180133 v2
Tar -Pamlico Buffer Major Variance
Page 2 of 4
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Site 10
50,949 (square feet)
0 (square feet)
Buffers — Zone 2
Number
Buffers -
Site 8
24,330 (square feet)
0 (square feet)
Site 10
35,494 (square feet)
0 (square feet)
2. No additional impacts, other than exempt uses as identified within 15A NCAC 02B .0259 or
impacts approved by a Buffer Authorization issued separately from this approval by the Division,
shall occur within the protected riparian buffer unless approved.
3. Compensatory Mitigation Plan
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:
4. You are required to follow the Stormwater Management Plan approved by Edgecombe County.
The SMP may not be modified without prior written authorization from Edgecombe County.
5. 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 and/or Buffer
Authorization 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.
[15A NCAC 026.0259]
6. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper designs, installation and operation and maintenance of such Best
Management Practices in order to protect surface water standards [15A NCAC 02B .0200]
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.
Compensatory Mitigation
Mitigation Ratio
River & Sub -basin
Required
Number
Buffers -
70,326 (square feet)
3:1
Tar Pamlico
Zone 1
03020101
Buffers —
59,824 (square feet)
1.5:1
Tar Pamlico
Zone 2
03020101
4. You are required to follow the Stormwater Management Plan approved by Edgecombe County.
The SMP may not be modified without prior written authorization from Edgecombe County.
5. 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 and/or Buffer
Authorization 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.
[15A NCAC 026.0259]
6. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper designs, installation and operation and maintenance of such Best
Management Practices in order to protect surface water standards [15A NCAC 02B .0200]
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.

Triangle Tyre
DWR Project # 20180133 v2
Tar -Pamlico Buffer Major Variance
Page 3 of 4
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. Planning
and Design Manual. The devices shall be maintained on all construction sites, borrow
site, 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 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. [15A NCAC 02B .0201]
8. 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 02B .0259.
9. The permittee shall report to the Raleigh Regional Office (919-7914200) any noncompliance
with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200]
including but not limited to sediment impacts, and any violation of state regulated riparian
buffer rules [15A NCAC 0213.0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the time
the applicant becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including exact
dates and times, if the noncompliance has not been corrected, the anticipated time compliance
is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case-by-case basis.
10. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Major Variance. If
you change your project, you must notify the Division and you may be required to submit a new
application package. If the property is sold, the new owner must be given a copy of this
approval letter and is responsible for complying with all conditions. [15A NCAC 02B
.0233(9)(c)(ii)]
11. This approval grants permission to the director, an authorized representative of the Director, or
DEQ staff, upon the presentation of proper credentials, to enter the property during normal
business hours. This approval and its conditions are final and binding unless contested.

Triangle Tyre
DWR Project # 20180133 v2
Tar -Pamlico Buffer Major Variance
Page 4 of 4
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Major Variance 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).
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.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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 Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division the Tar Pamlico Riparian Buffer Rules as described in
15A NCAC .0259. Please contact Sue Homewood at 336-776-9693 or [e-mail] if you
have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor _
401 and Buffer Permitting Branch
cc: Phil May, Carolina Ecosystems Inc. (via email)
Beth Harmon, NCDMS (via email)
Bill Denton, DEMLR RRO (via email)
DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 180133TriangleTyre(Edgecombe)_MVar_TBR