20121074 Ver 2_Approval Letter_20190814

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Ashley Furniture Industries, Inc.
Attn: Mr. Michael Moran
One Ashley Way
Arcadia, WI 54612
NORTH CAROLINA
Environmental Quality
August 14, 2019
DWR # 20121074 Ver 2
Davie County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Ashley Mid -Atlantic Manufacturing and Distribution Center
USACE Action ID. No. SAW -2012-01900
Dear Mr. Moran:
Attached hereto is a copy of Certification No. WQC003950 issued to Mr. Michael Moran and Ashley
Furniture Industries Inc., dated August 14, 2019. This Certification replaces the Certification issued on
February 1, 2013. This Certification is being issued to incorporate a revised jurisdictional
determination for the project site, to acknowledge a reduction in wetland impacts as a result of the
revised jurisdictional determination, and to modify the approve a modified stormwater management
plan. 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 1506 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).
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Moana GwauNn �
919.707.9000

Ashley Mid -Atlantic Manufacturing and Distribution Center
DWR Project # 20121074 Ver 2
Individual Certification # WQC003950
Page 2of7
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. Contact Sue Homewood at 336-776-9693 or [e-mail] if you have
any questions or concerns.
Sincerely,
DocuSigned by:
466ED631098F411...
Sue Homewood
DWR Winston Salem Regional Office
cc: Kevin Martin, Soil & Environmental Consultants PA (via email)
Jean Gibby, USACE Raleigh Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 121074v2AshleyMidAtlaticManufacturingandDistributionCenter(Davie)401_IC.doc

Ashley Mid -Atlantic Manufacturing and Distribution Center
DWR Project # 20121074 Ver 2
Individual Certification # WQC003950
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC003950 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. Michael Moran and Ashley Furniture Industries Inc., who have authorization for the impacts listed
below, as described within your modification application received by the N.C. Division of Water Resources
(Division) on June 17, 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. 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
404/401 Wetlands 3.669 (acres)
0 (acres)
Stream (perennial) 316 (linear feet)
0 (linear feet)
2. Mitigation has been provided for all impacts to perennial streams and wetlands as specified in
receipt issued by the Ecosystem Enhancement Program (now Division of Mitigation Services) on
April 11, 2013.
3. The Stormwater Management Plan for Phases 1 and 2 as approved by the Division on April 12, 2013
consists of one (1) infiltration basin and all associated stormwater conveyances, inlet and outlet
structures, and the grading and drainage patterns depicted on plan sheets dated March 21, 2013
and subsequent revisions dated March 25, 2013. The plans and specifications for Phases 1 and 2 of
the project as previously approved by DWR are incorporated by reference and shall apply to the
Existing Facility and Phase 2 Building Expansion as depicted on the revised overall plan sheet date
May 20, 2019 and submitted to the Division on June 17, 2019.
The maximum allowable drainage area for the approved infiltration basin shall be 142.8 acres
and the maximum allowable built -upon area within that drainage area shall be 117.1 acres.
Any changes to these maximum areas shall require the applicant to submit and receive
approval for a revised stormwater management plan by the Division.
b. Maintenance activities for the infiltration basin shall be performed in accordance with the
notarized O&M agreements signed by you on March 22, 2013. The 0&M agreement must
transfer with the sale of the land or transfer of ownership/responsibility for the BMP facility.
The Division must be notified promptly of every transfer.

Ashley Mid -Atlantic Manufacturing and Distribution Center
DWR Project # 20121074 Ver 2
Individual Certification # WQC003950
Page 4 of 7
4. Prior to construction of the "Future Development" area as shown on the revised overall plan sheet
date May 20, 2019 and submitted to the Division on June 17, 2019, the Permittee shall submit a
stormwater management plan for this area. The stormwater management plan for the "Future
Development" area shall include calculations to document that the project will not cause degradation
of downstream surface waters. Documentation shall include a detailed analysis of the hydrological
impacts from stormwater runoff when considering the volume and velocity of stormwater runoff from
the project built -upon area and the size and existing condition of the receiving stream(s).
5. 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]
6. 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]
7. 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).
8. 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]
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .0201]
10. 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)]
11. 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)]
12. 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]

Ashley Mid -Atlantic Manufacturing and Distribution Center
DWR Project # 20121074 Ver 2
Individual Certification # WQC003950
Page 5 of 7
13. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction
area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land
disturbing activities and must be maintained on the property until the project phase is completed.
[15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]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]
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.
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 0213 .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. Michael Moran and Ashley Furniture Industries Inc 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. Michael Moran and Ashley Furniture Industries Inc 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. Michael Moran and Ashley Furniture Industries Inc 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.

Ashley Mid -Atlantic Manufacturing and Distribution Center
DWR Project # 20121074 Ver 2
Individual Certification # WQC003950
Page 6of7
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. [15A NCAC 02H .0501 and .0502]
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.
23. The permittee shall report to the Winston Salem Regional Office 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.

Ashley Mid -Atlantic Manufacturing and Distribution Center
DWR Project # 20121074 Ver 2
Individual Certification # WQC003950
Page 7 of 7
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 14' day of August 2019
DocuSigned by:
466ED631098F411...
Sue Homewood
DWR Winston Salem Regional Office
SLH
WQC003950