20171527 Ver 2_Approval Letter_20200528

DocuSign Envelope ID: 2B098688-B5A1-42E6-971C-38FCD53309E6
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
May 28, 2020
DWR # 20171527 v2
Person County
Person County Business and Industrial Center Inc.
Attn: Mr. Phillip Allen
PO Box 1824
Roxboro NC 27573
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Person County Mega Park
USACE Action ID. No. SAW-2016-02542
Dear Mr. Allen:
Attached hereto is a copy of Certification No. WQC004227 issued to Mr. Phillip Allen and Person County
Business and Industrial Center Inc., dated May 28, 2020. 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.
D E Q�� 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
m )ry rN cxl4o:. i
o.�ro�em or E�.w�����a�:r� /� 919.707.9000

DocuSign Envelope ID: 2B098688-B5A1-42E6-971C-38FCD53309E6
Person County Business and Industrial Center Inc.
DWR Project # 20171527 v2
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Individual Certification # WQC004227
Page 2of9
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 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,
DocuSignn�e/d by:
Pocu W02
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Susan Morrison, Timmons Group (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Gabriela Garrison, NCWRC (via email)
Todd Bowers, EPA, (via email)
DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20171527v2PersonCountyMegaPark(Person)_401_IC.docx

DocuSign Envelope ID: 2B098688-B5A1-42E6-971C-38FCD53309E6
Person County Business and Industrial Center Inc.
DWR Project # 20171527 v2
Individual Certification # WQC004227
Page 3 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004227 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. Phillip Allen and Person County Business and Industrial Center Inc., who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on April 7, 2020 and subsequent information on April 24, 2020 and May 1, 2020, and
by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on January 23,
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 (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Site 2
139 (linear feet)
0 (linear feet)
Site 3
548 (linear feet)
0 (linear feet)
Site 5a*
436 (linear feet)
0 (linear feet)
Site 5b*
1333 (linear feet)
0 (linear feet)
Site 6a
39 (linear feet)
0 (linear feet)
Site 6b
1206 (linear feet)
0 (linear feet)
Site 7
163 (linear feet)
0 (linear feet)
Site 8
63 (linear feet)
0 (linear feet)
Site 9
17 (linear feet)
0 (linear feet)
Site 10
241 (linear feet)
0 (linear feet)
Site 11*
1064 (linear feet)
0 (linear feet)
Site 12
139 (linear feet)
0 (linear feet)
Site 13
1450 (linear feet)
0 (linear feet)
Site 14*
139 (linear feet)
0 (linear feet)
Site 15
85 (linear feet)
0 (linear feet)
Site 18
701 (linear feet)
0 (linear feet)
Site 19*
397 (linear feet)
0 (linear feet)
Site 20
463 (linear feet)
0 (linear feet)

DocuSign Envelope ID: 2B098688-B5A1-42E6-971C-38FCD53309E6
Person County Business and Industrial Center Inc.
DWR Project # 20171527 v2
Individual Certification # WQC004227
Page 4 of 9
404/401 Wetlands
Site 4
0.026 (acres)
0 (acres)
Site 16
0.597 (acres)
0 (acres)
Site 17
0.554 (acres)
0 (acres)
*indicates perennial stream requiring mitigation
2. Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the NC 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)1:
Compensatory Mitigation Required
River and Sub -basin Number
Stream
3,369 (feet)
Roanoke— 03010104,
03010102 or03010103
Wetland
1.18 (acres)
Roanoke— 03010104,
03010102 or03010103
3. 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. When a final master plan layout and/or final construction plans
are developed for a specific future semi -conductor chip manufacturing client, they shall be submitted
to the Division for review to determine if modification to this 401 Water Quality Certification is
required. If a modification is required, an application shall be submitted to the Division with the
appropriate fee. Final designs shall reflect all appropriate avoidance, minimization, and mitigation for
impacts to wetlands, streams, and other surface waters, and buffers. No construction activities that
impact any wetlands or streams shall begin until after the Permittee applies for, and receives, either
a notification from the Division that a modification to the 401 is not required, or a modified 401
Water Quality Certification from the Division. [15A NCAC 02H .0501 and .0502]
4. The Division approves the Stormwater Management Plan (SMP) consisting of four (4) wet ponds and
all associated stormwater conveyances, inlet and outlet structures, and the grading and drainage
patterns depicted on plan sheets dated April 23, 2020, which are incorporated by reference and are
enforceable by the Division. The following conditions also apply [15A NCAC 02H .0506(b)(5)]:
The maximum allowable drainage area and maximum allowable built -upon area within that
drainage area for each of the approved wet ponds shall be as follows:
Wet Pond No.
Max. Drainage Area (sf)
Max. Allowable BUA (sf)
1
1,045,876
264,922
2
3,312,180
2,111,859
3
1,067,656
567,687
4
779,724
572,915

DocuSign Envelope ID: 2B098688-B5A1-42E6-971C-38FCD53309E6
Person County Business and Industrial Center Inc.
DWR Project # 20171527 v2
Individual Certification # WQC004227
Page 5 of 9
Any changes to these allowable maximum areas shall require the applicant to submit and
receive approval from the Division prior to any construction or modification of the current site.
b. The footprint of all stormwater management device(s) as well as an additional 10-foot wide
area on all sides of the device(s) shall be located in either public rights -of -way, dedicated
common areas or recorded easement areas. The final plats for the project showing such rights -
of -way, common areas and easement areas, shall be in accordance with the approved plans.
c. The approved SMP shall be constructed and operational before any permanent building or
other structure is occupied at the site.
d. The SMP may not be modified without prior written authorization from the Division.
e. Maintenance activities for stormwater management device(s) shall be performed in accordance
with the notarized O&M agreements signed by Sherry Wilborn (of Person County) on April 23,
2020. The O&M agreement shall transfer with the sale of the land or transfer of
ownership/responsibility for the approved SMP. The Division shall be notified promptly of
every transfer.
f. Upon completion of construction and prior to operation of the approved stormwater control
device(s), a certification from an appropriate designer for the device certifying that it has been
installed in accordance with the approved plans, specifications, and other supporting
documentation, shall be submitted to the Division (C/O Chonticha McDaniel; 1617 Mail Service
Center, Raleigh, NC 27699-1617.
g. The Permittee shall submit Additional SMP(s) for any future impervious surfaces within the
Person County Mega Park and must receive written authorization from the Division before any
land disturbance, construction, or expansion of the new phase(s) may occur.
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 Person County Mega 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 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)]
7. 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]
8. 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).

DocuSign Envelope ID: 2B098688-B5A1-42E6-971C-38FCD53309E6
Person County Business and Industrial Center Inc.
DWR Project # 20171527 v2
Individual Certification # WQC004227
Page 6of9
9. 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]
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .0201]
11. 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, recordkeeping and
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
12. 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)]
13. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and Culverts 1 and 9 shall be designed and installed to 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 1 and 9 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.
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.
The establishment of native woody vegetation and other soft stream bank stabilization techniques
shall be used where practicable instead of riprap or other bank hardening methods.
14. Application of fertilizer to establish native 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]

DocuSign Envelope ID: 2B098688-B5A1-42E6-971C-38FCD53309E6
Person County Business and Industrial Center Inc.
DWR Project # 20171527 v2
Individual Certification # WQC004227
Page 7 of 9
15. 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]
16. Any riprap required for proper culvert placement or stream stabilization 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)]
17. 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.
18. 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)]
19. In accordance with 143-215.85(b), the Permittee shall report to the Winston Salem Regional Office at
336-776-9800 (after hours and on weekends call 800-858-0368) 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.
20. Mr. Phillip Allen and Person County Business and Industrial Center 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. Phillip Allen and Person County Business and Industrial
Center 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. Phillip Allen and Person County Business and
Industrial Center 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.

DocuSign Envelope ID: 2B098688-B5A1-42E6-971C-38FCD53309E6
Person County Business and Industrial Center Inc.
DWR Project # 20171527 v2
Individual Certification # WQC004227
Page 8 of 9
21. 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)]
22. 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]
23. 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.
24. This Certification 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. [15A NCAC 02H .0502(e)]
25. 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.
26. The permittee shall report to the Winston Salem Regional Office at 336-776-9800 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.

DocuSign Envelope ID: 2B098688-B5A1-42E6-971C-38FCD53309E6
Person County Business and Industrial Center Inc.
DWR Project # 20171527 v2
Individual Certification # WQC004227
Page 9of9
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 .0506]
This the 28' day of May 2020
DocuSigned by:
��eWO* —
9491D91 BA53EF4EO...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
SLH
WQC04227