20180133 Ver 3_Approval letter_20190117

ROY COOPER
Governor
MICHAEL S. BEGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
January 17, 2019
DW R # 20180133 v3
Edgecombe County
Edgecombe County, Attn: Mr. Eric Evans
201 St. Andrew St
Tarboro NC 27886
NC Department of Transportation - Division 4, Attn: Mr. Tony Coggins
PO Box 3165
Wilson N C 27895
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Approval of Tar Pamlico Riparian Buffer Impacts with Additional Conditions
Kingsboro CSX Select Site (Kinsgboro Industrial Park)
Triangle Tyre Development Site
USACE Action ID. No. SAW -2008-02741
Dear Sirs:
Attached hereto is a copy of Certification No. WQC004167 issued to Mr. Eric Evans and Edgecombe
County and Mr. Tony Coggins and NC Department of Transportation — Division 4, dated January 17,
2019. This certification replaces the previous certification issued on August 22, 2018. Modification
of this certification was requested by the applicants to satisfy Condition 4 of the Certification issued
on August 22, 2018 and to modify impacts at Site #4 of the roadway portion of this project. 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).
D E Q�,� North Carolina Department of Envtronmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699 1617
o..w 919.7079(x)0

Triangle Tyre
DWR Project # 20180133 v3
Individual Certification #4167
Tar -Pamlico Buffer Authorization
Page 2 of 10
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: 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 and the Tar -Pamlico Riparian Buffer Protection Rules. Contact Sue Homewood at 336-
776-9693 or Sue.Homewood([e-mail] if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Phil May, Carolina Ecosystems Inc. (via email)
Samantha Dailey, USACE Raleigh Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR RRO401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20180133v3Tria ngleTyre(Edgeco m be)_401_I C_TRB

Triangle Tyre
DWR Project # 20180133 v3
Individual Certification #4167
Tar -Pamlico Buffer Authorization
Page 3 of 30
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004167 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
and 15A NCAC 0213 .0200, to Mr. Eric Evans and Edgecombe County and Mr. Tony Coggins and NC
Department of Transportation — Division 4, 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
9, 2018 and subsequent information on February 15, 2018, February 21, 2018, March 8, 2018, June 22,
2018 and July 3, 2018; by Public Notice issued by the U. S. Army Corps of Engineers and received by the
Division on February 23, 2018 and by a modification request received by the Division on January 7, 2019.
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 and Tar Pamlico Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] and 15A NCAC
02B.0259(8)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Roadway Impacts
Site 3
255 (linear feet)
25 (linear feet)
Site 4
245 (linear feet)
25 (linear feet)
Stream
Site Impacts
Site 8
635 (linear feet)
0 (linear feet)
Site 10
1519 (linear feet)
0 (linear feet)
404/401 Wetlands
Roadway Impacts
Site 4
0.037 (acres)
0.019 (acres)
Site 6
0.71 (acres)
0 (acres)
Site 8
7.71 (acres)
0 (acres)
Site 9
0.07 (acres) 1
0 (acres)
Open Waters
Site 1
.09 (acres) 1
0.08 (acres)

Triangle Tyre
D W R Project If 20180133 v3
Individual Certification #4167
Tar -Pamlico Buffer Authorization
Page 4 of 10
Buffers — Zone 1
Roadway Impacts
Site 1
3,839 (square feet)
0 (square feet)
Site 3 — mitigation
required
17,796 (square feet)
0 (square feet)
Site 4 -mitigation
required
12,525 (square feet)
0 (square feet)
Site 5
1,923 (square feet)
0 (square feet)
Buffers—Zone 2
Roadway Impacts
Site 1
3,195 (square feet)
0 (square feet)
Site 3 — mitigation
required
8,652 (square feet)
0 (square feet)
Site 4 -mitigation
required
7,783 (square feet)
0 (square feet)
Site 5
1,777 (square feet)
0 (square feet)
Note: Site 4 permanent stream impacts increased by 45 feet; permanent wetland impacts increased
by 0.001 acres; temporary wetland impacts increased by 0.003 acres; Zone 1 Buffer impacts
decreased by 304 square feet; Zone 2 Buffer impacts decreased by 150 square feet for channel
realignment at the outlet of the proposed culvert.
2. Compensatory mitigation for 2,024 linear feet of impact to streams and 8.526 acres of wetlands is
required. We understand that you have chosen to perform compensatory mitigation for impacts to
streams and wetlands through the North Carolina Division of Mitigation Service (DMS) (formerly
NCEEP), and that the DMS has agreed to implement the mitigation for the project. The DMS has
indicated in a letter dated July 10, 2018 that they will assume responsibility for satisfying the federal
Clean Water Act compensatory mitigation requirements for the above -referenced project, in
accordance with the DMS Mitigation Banking Instrument signed July 28, 2010.
3. Compensatory mitigation for impacts to 30,321 square feet of protected riparian buffers in Zone 1
at a ratio of 3:1 and 16,435 square feet of protected riparian buffers in Zone 2 at a ratio of 1.5:1
shall be required. We understand that you have chosen to perform compensatory mitigation for
impacts to protected buffers through use of the North Carolina Division of Mitigation Services (DMS)
(formerly NCEEP). Mitigation for unavoidable impacts to Tar -Pamlico Riparian Buffers shall be
provided in the Tar Pamlico River Basin (03020101) and done in accordance with 15A NCAC 02B
.0295. The DMS has indicated in a letter dated July 30, 2018 that they will assume responsibility for
satisfying the compensatory mitigation requirements for the above -referenced project, in
accordance with DMS's Mitigation Banking Instrument signed June 14, 2016.

Triangle Tyre
DWR Project # 20180133 v3
Individual Certification #4167
Tar -Pamlico Buffer Authorization
Page 5 of 10
4. The channel relocation at Site 4 shall be completed, stabilized, and approved prior to diverting water
into the new channel. This approval can be done via mail or email submittal to NCDWR a report of
stabilization and seeding, along with photographs. Stream banks shall be matted with coir -fiber
matting. Vegetation used for bank stabilization shall be limited to native riparian vegetation, and
should include establishment of a vegetated buffer on both sides of the relocated channel to the
maximum extent practical. Also, rip -rap may be allowed if it is necessary to maintain the physical
integrity of the stream, but the applicant must provide written justification and any calculations
used to determine the extent of rip -rap coverage requested. Once the stream has been turned into
the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish
kills. [15A NCAC 02H .0506(b)(3)]
5. 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 Kingsboro 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]
6. All stormwater runoff from the road shall be directed as sheetflow through stream buffers at non-
erosive velocities, unless otherwise approved by this certification. [15A NCAC 213.0259]
7. A stormwater management plan (SMP) shall be approved by Edgecombe County for each phase of
the development project. The SMP shall be approved before any impacts authorized in this
certification occur. The SMP may not be modified without prior written authorization from
Edgecombe County. Before any permanent building or other structure is occupied at the site, the
corresponding SMP for that phase shall be constructed and operational. [15A NCAC
02H .0S06(b)(5)]
8. full Compliance with Major Variance (DWR Project #20180133 v2), issued by the Division on August
1, 2018 is required. [15A NCAC 02H .0506(b)(3)]
9. During in -pond construction activities at Site 5, a turbidity curtain shall be installed downstream of the
construction area to protect downstream waters.
10. 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]
11. 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]

Triangle Tyre
DWR Project # 20180133 v3
Individual Certification #4167
Tar -Pamlico Buffer Authorization
Page 6 of 10
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers
beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as an
exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
12. 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).
13. 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]
14. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .0201]
15. 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)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance
with the conditions related to construction activities within the most recent version of their individual
NPDES (NCS000250) stormwater permit. 115A NCAC 02H .0506(b)(5) and (c)(5))
16. 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 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)]
17. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of
the stream above and below a pipe or culvert shall not be modified by widening the stream channel or
by reducing the depth of the stream in connection with the construction activity. The width, height,
and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring
flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)].
Placement of culverts and other structures in streams shall be below the elevation of the streambed
by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter
for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and
aquatic life.

Triangle Tyre
DWR Project # 20180133 v3
Individual Certification #4167
Tar -Pamlico Buffer Authorization
Page 7 of 10
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross
section as closely as possible including pipes or barrels at flood plain elevation and/or sills where
appropriate. Widening the stream channel shall be avoided.
If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24
hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA -designated floodways or wetlands, openings such as culverts
or bridges shall be provided to maintain the natural hydrology of the system as well as prevent
constriction of the floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques
shall be used where practicable instead of rip -rap or other bank hardening methods.
18. 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]
19. 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 02B .0200]
20. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and
culverts shall be removed and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be
restored to original grade, including each stream's original cross sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2))
21. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as
outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of
Transportation Best Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H
.0506(b)(2) and (c)(2)]

Triangle Tyre
DWR Project # 20180133 v3
Individual Certification #4167
Tar -Pamlico Buffer Authorization
Page 8 of 10
22. 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)]
23. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
24. Deed notifications or similar mechanisms shall be placed on all lots within the Kingsboro Industrial
Park with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the
project boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC
Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A
NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or
individual parcels, whichever is appropriate. 115A NCAC 02H .0501 and .0502]
25. 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.
26. 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))
27. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
28. 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.

Triangle Tyre
DWR Project # 20180133 v3
Individual Certification #4167
Tar -Pamlico Buffer Authorization
Page 9 of 10
29. Mr. Eric Evans and Edgecombe County and Mr. Tony Coggins and NC Department of Transportation —
Division 4 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. Eric Evans and
Edgecombe County and Mr. Tony Coggins and NC Department of Transportation — Division 4 and the
U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 0211 .0503 and
provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised
conditions shall be provided to Mr. Eric Evans and Edgecombe County and Mr. Tony Coggins and NC
Department of Transportation — Division 4 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.
30. 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)]
31. The permittee shall report to the Raleigh Regional Office (919-791-4200) 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 02B
.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.
32. 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. [35A NCAC 02H .0501 and .0502]

Triangle Tyre
DWR Project # 20180133 v3
Individual Certification #4167
Tar -Pamlico Buffer Authorization
Page 10 of 10
33. 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.
34. 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)]
35. 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 .0506]
This the 17th day of January 2019
MIMS,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/slh
WQC004167