HomeMy WebLinkAbout20171527 Ver 2_USACE Permit_20200903DEPARTMENT OF THE ARMY
REPLY TO WILMINGTON DISTRICT, CORPS OF ENGINEERS
ATTENTION OF 69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 26, 2020
Regulatory Division11200A
Action ID: SAW-2016-02542
Mr. Phillip Allen
Person County Business and Industrial Center, Inc.
Post Office Box 1824
Roxboro, North Carolina 27573
Dear Mr. Allen:
In accordance with your written request of January 7, 2019, and additional
information received July 30, 2019, and March 31, 2020, and the ensuing administrative
record, enclosed are two copies of a permit for grading and site preparation, including
associated roadway improvements and utility installations, for a prospective facility to
manufacture semiconductor chips at the Person County Mega Park. These activities
involve the permanent discharge of dredged or fill material into, and associated
permanent loss of, 8,623 linear feet of stream channel and 1.18 acre of riparian non-
riverine wetlands.
You should acknowledge that you accept the terms and conditions of the enclosed
permit by signing and dating each copy in the spaces provided ("Permittee" on page 4).
Your signature, as Permittee, indicates that, as consideration for the issuance of this
permit, you voluntarily accept and agree to comply with all of the terms and conditions
of this permit. All pages of both copies of the signed permit with drawings should then
be returned to this office for final authorization. A self-addressed envelope is enclosed
for your convenience.
Printed onRecycled Paper
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Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A
$10 fee will be charged for permit applications when the work is noncommercial in
nature and provides personal benefits that have no connection with a commercial
enterprise...", and "A fee of $100 will be charged for permit applications when the
planned or ultimate purpose of the project is commercial or industrial in nature and is in
support of operations that charge for the production, distribution, or sale of goods or
services. As your application fits the latter category, you are requested to remit your
check for $100, made payable to the Finance and Accounting Officer, USAED,
Wilmington. The check should accompany the signed and dated copies of your permit.
This correspondence contains a proffered permit for the above described site. If
you object to this decision, you may request an administrative appeal under Corps
regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
decision you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: David E. Bailey
69 Darlington Avenue
Wilmington, North Carolina 28403
In order for an RFA to be accepted by the Corps, the Corps must determine that it
is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has
been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by January 6,
2020.
It is not necessary to submit an RFA form to the Division Office if you do not object
to the decision in contained in this correspondence.
After the permit is authorized in this office, the original copy will be returned to you,
the duplicate copy will be permanently retained in this office. If you have questions,
please contact David E. Bailey at the Raleigh Regulatory Field Office, telephone 919-
554-4884, extension 30.
Printed on® Recycled Paper
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Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our web site at
htt ://cor sma u.usace.arm .mil/cm a ex/f?=136:4:0 and completing the survey on-
line. We value your comments and appreciate your taking the time to complete a
survey each time you interact with our office.
Sincerely,
INJ IN A. ENNETT
Colonel, U. S. Army
District Commander
Enclosures
Copy Furnished:
Ms. Susan Morrison
Timmons Group
5410 Trinity Road, Suite 102
Raleigh, North Carolina 27607
Printed on ® Recycled Paper
DEPARTMENT OF THE ARMY PERMIT
Permittee PERSON COUNTY BUSINESS AND INDUSTRIAL CENTER, INC.
ATTN: MR. PHILLIP ALLEN
Permit No. SAW-2016-02542
Issuing Office CESAW-RG-R
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any
future transferee. The term "this office" refers to the appropriate district or division office of the
Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that
office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The project involves grading and site preparation, including associated
roadway improvements and utility installations, for a prospective facility to manufacture
semiconductor chips at the Person County Mega Park. The project involves the permanent
discharge of dredged or fill material into, and associated permanent loss of, 8,623 linear
feet of stream channel and 1.18 acre of riparian non-riverine wetlands.
Project Location: The project area is located on approximately 175 acres located
immediately south of the intersection of Edwin Robertson Road and Country Club Road,
north of Roxboro in Person County, North Carolina. (36.474729° N,-78.991826° W)
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2030. If you find that
you need more time to complete the authorized activity, submit your request for a time extension
to this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance
with the terms and conditions of this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good faith transfer to a third party in
compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
found. We will initiate the Federal and state coordination required to determine if the remains
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply
with the conditions specified in the certification as special conditions to this permit. For your
convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the
terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described
above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
( X ) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
2 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures
caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any
time the circumstances warrant. Circumstances that could require a reevaluation include, but are
not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measures ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity
authorized by this permit, Unless there are circumstances requiring either a prompt completion of
the authorized activity or a reevaluation of the public interest decision, the Corps will normally give
favorable consideration to a request for an extension of this time limit.
3 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
Your signature below, as permittee, indicates that you accept and agree to comply with the terms
and conditions of this permit.
(PERMITTEE) PERSON COUNTY BUSINESS AND INDUSTRIAL CENTER, INC. (DATE)
MR. PHILLIP ALLEN
This permit becomes effective when the Federal official, designated to act for the Secretary of the
Army, has signed below.
(DISTRICT COMMANDER) BENJAMIN A. BENNETT, COLONEL (DATE)
When the structures or work authorized by this permit are still in existence at the time the property
is transferred, the terms and conditions of this permit will continue to be binding on the new
owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date
below.
(TRANSFEREE) (DATE)
4 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
SPECIAL CONDITIONS
ACTION ID: SAW-2016-02542
PERSON COUNTY BUSINESS AND INDUSTRIAL CENTER, INC.
PERSON COUNTY MEGA PARK —
SEMICONDUCTOR CHIP MANUFACTURING PLANT
PERSON COUNTY
WORK LIMITS / NOTIFICATION
Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plans entitled "Preliminary Jurisdictional
Waters of the U.S. Impacts Map - Preferred Option 1" Sheets 1 through 10,
"Plan, Profile and Outlet Condition Impact Maps" Sheets 1 through 9, "Overall
Site Plan" Sheet C3.0, "Overall Utility Plan" Sheet C3.10, "Utility Plan" Sheets
C3.11 through C3.13, "Sanitary Sewer Profile" Sheet C3.14, "Waterline Profile"
Sheet C3.15, "Overall Grading Plan" Sheet C4.0, "Grading & Drainage Plan"
Sheets C4.1 through C4.9, and "Road Plan and Profile" Sheets C5.0 through
C5.5. The Permittee shall ensure that the construction design plans for this
project do not deviate from the permit plans attached to this authorization. Any
modification to the attached permit plans must be approved by the U.S. Army
Corps of Engineers (Corps) prior to any active construction in wetlands or other
potential waters of the U.S.
2. Conceptual Project: This approval is for the purpose and design described in
your application and additional submitted information, published in the Corps'
Public Notice dated January 23, 2020, and authorized per ENG Form 1721. The
plans and specifications for this project (see Special Condition 1. above) are
incorporated by reference and are an enforceable part of the Permit. When a
final master plan layout and/or final construction plans are developed for a
specific future semi -conductor chip manufacturing client, they must be submitted
to the Corps for review to determine if modification of this Permit is required. If
the proposed development deviates from that which was previously proposed
and authorized herein, a modification is required. The request for modification
must be submitted to the Corps for evaluation and approval. Final design for this
request must document all appropriate avoidance and minimization for impacts to
waters, including wetlands, to the maximum extent practicable, and provide an
updated compensatory mitigation plan. No construction activities that impact any
waters, including wetlands, may begin until after the Permittee applies for, and
receives, a Permit modification from the Corps, or notification from the Corps that
a modification to the Permit is not required.
3. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any
Corps -approved modification to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or
maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
SPECIAL CONDITIONS
ACTION ID: SAW-2016-02542
PERSON COUNTY BUSINESS AND INDUSTRIAL CENTER, INC.
PERSON COUNTY MEGA PARK —
PROSPECTIVE SEMICONDUCTOR CHIP MANUFACTURING PLANT
PERSON COUNTY
4. Permit Distribution: The Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and
maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a
copy of this permit. A copy of this permit, including all conditions and drawings
shall be available at the project site during construction and maintenance of this
project.
5. Preconstruction Meeting: The Permittee shall conduct an onsite
preconstruction meeting between their representatives, contractor's
representatives and the appropriate Corps Project Manager prior to undertaking
any work within jurisdictional waters and wetlands to ensure that there is a
mutual understanding of all terms and conditions contained within the
Department of the Army permit. The Permittee shall schedule the
preconstruction meeting for a time frame when the Corps and North Carolina
Division of Water Resources (NCDWR) Project Managers can attend. The
Permittee shall invite the Corps and NCDWR Project Managers a minimum of
thirty (30) days in advance of the scheduled meeting in order to provide those
individuals with ample opportunity to schedule and participate in the required
meeting. The thirty (30) day requirement can be waived with the concurrence of
the Corps.
6. Notification of Construction Commencement and Completion: The
Permittee shall notify the Corps in writing prior to beginning the work authorized
by this permit and again upon completion of the work authorized by this permit.
7. Reporting Address: All reports, documentation, and correspondence required
by the conditions of this permit shall be submitted to the following: U.S. Army
Corps of Engineers, Wilmington District, Raleigh Field Office, Attn: David E.
Bailey at 919-554-4884 Ext. 30 / David. E.Bailey2@usace.army.mil. The
Permittee shall reference the following permit number, SAW-2016-02542, on all
submittals.
8. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense
to the United States and in such time and manner as the Secretary of the Army
or his authorized representative may direct, restore the water or wetland to its
pre -project condition.
9. Reporting Violations: Violation of these permit conditions or violation of
Section 404 of the Clean Water Act shall be reported to the Corps in writing and
by telephone at: 919-554-4884 Ext. 30 / David. E.Bailey2@usace.army.mil within
N
SPECIAL CONDITIONS
ACTION ID: SAW-2016-02542
PERSON COUNTY BUSINESS AND INDUSTRIAL CENTER, INC.
PERSON COUNTY MEGA PARK —
PROSPECTIVE SEMICONDUCTOR CHIP MANUFACTURING PLANT
PERSON COUNTY
24 hours of the Permittee's discovery of the violation.
10. Endangered Species Act: The Permittee shall implement all necessary
measures to ensure the authorized activity does not kill, injure, capture, harass,
or otherwise harm any federally -listed threatened or endangered species. While
accomplishing the authorized work, if the Permittee discover or observe an
injured or dead threatened or endangered species, the U.S. Army Corps of
Engineers, Wilmington District Raleigh Field Office, Attn: David E. Bailey at 919-
554-4884 Ext. 30 / David. E.Bailey2@usace.army.mil will be immediately notified
to initiate the required Federal coordination.
11. National Historic Preservation Act: While accomplishing the authorized work,
if the Permittee discover any previously unknown cultural resources, the District
Engineer will be immediately notified so that required coordination can be
initiated with the North Carolina Division of Natural and Cultural Resources.
RELATED LAWS
12. Maintain Flows and Circulation Patterns of Waters: Except as specified in
the plans attached to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters and/or wetlands.
13. Sediment and Erosion Control:
a. During the clearing phase of the project, heavy equipment shall not be
operated in surface waters or stream channels. Temporary stream crossings
will be used to access the opposite sides of stream channels. All temporary
diversion channels and stream crossings will be constructed of non -erodible
materials. Grubbing of riparian vegetation will not occur until immediately
before construction begins on a given segment of stream channel.
b. No fill or excavation impacts for the purposes of sedimentation and erosion
control shall occur within jurisdictional waters, including wetlands, unless the
impacts are included on the plan drawings and specifically authorized by this
permit. This includes, but is not limited to, sediment control fences and other
barriers intended to catch sediment losses.
c. The Permittee shall remove all sediment and erosion control measures
placed in waters and/or wetlands, and shall restore natural grades on those
areas, prior to project completion.
t3
SPECIAL CONDITIONS
ACTION ID: SAW-2016-02542
PERSON COUNTY BUSINESS AND INDUSTRIAL CENTER, INC.
PERSON COUNTY MEGA PARK —
PROSPECTIVE SEMICONDUCTOR CHIP MANUFACTURING PLANT
PERSON COUNTY
d. The Permittee shall use appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent version of the "North
Carolina Sediment and Erosion Control Planning and Design Manual" to
ensure compliance with the appropriate turbidity water quality standard.
Erosion and sediment control practices shall be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to ensure
compliance with the appropriate turbidity water quality standards. This shall
include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed
areas. Additionally, the project shall remain in full compliance with all aspects
of the Sedimentation Pollution Control Act of 1973 (North Carolina General
Statutes Chapter 113A Article 4). Adequate sedimentation and erosion
control measures shall be implemented prior to any ground disturbing
activities to minimize impacts to downstream aquatic resources. These
measures shall be inspected and maintained regularly, especially following
rainfall events. All fill material shall be adequately stabilized at the earliest
practicable date to prevent sediment from entering adjacent waters or
wetlands.
14. Clean Fill: The Permittee shall use only clean fill material for this project. The
fill material shall be free of items such as trash, construction debris, metal and
plastic products, and concrete block with exposed metal reinforcement bars.
Soils used for fill shall not be contaminated with any toxic substance in
concentrations governed by Section 307 of the Clean Water Act. Unless
otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source.
15. Water Contamination: All mechanized equipment shall be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the Permittee shall
immediately report it to the N.C. Division of Water Resources at (919) 733-330C
or (800) 858-0368 and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act shall be followed.
AQUATIC LIFE
16. Aquatic Life Movement: No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody,
including those species that normally migrate through the area. All discharges of
dredged or fill material within waters of the United States shall be designed and
2
SPECIAL CONDITIONS
ACTION ID: SAW-2016-02542
PERSON COUNTY BUSINESS AND INDUSTRIAL CENTER, INC.
PERSON COUNTY MEGA PARK —
PROSPECTIVE SEMICONDUCTOR CHIP MANUFACTURING PLANT
PERSON COUNTY
constructed, except as authorized as indirect impacts, to maintain low flows to
sustain the movement of aquatic species.
17. Prohibitions on Concrete: The Permittee shall take measures necessary to
prevent live or fresh concrete, including bags of uncured concrete, from coming
into contact with any water in or entering into waters of the United States. Water
inside coffer dams or casings that has been in contact with concrete shall only be
returned to waters of the United States when it no longer poses a threat to
aquatic organisms (concrete is set and cured).
18. Culverts:
a. Unless otherwise requested in the application and depicted on the approved
permit plans, culverts greater than 48 inches in diameter shall be buried at
least one foot below the bed of the stream. Culverts 48 inches in diameter
and less shall be buried or placed on the stream bed as practicable and
appropriate to maintain aquatic passage, and every effort shall be made to
maintain existing channel slope. The bottom of the culvert shall be placed at
a depth below the natural stream bottom to provide for passage during
drought or low flow conditions. Culverts shall be designed and constructed in
a manner that minimizes destabilization and head cutting.
b. Measures shall be included in the culvert construction/installation that will
promote the safe passage of fish and other aquatic organisms. The
dimension, pattern, and profile of the stream above and below a culvert or
pipe 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 opening shall be such as to pass the
average historical low flow and spring flow without adversely altering flow
velocity. Spring flow should be determined from gauge data, if available. In
the absence of such data, bankfull flow can be used as a comparable level.
c. The Permittee shall implement all reasonable and practicable measures to
ensure that equipment, structures, fill pads, work, and operations associated
with this project do not adversely affect upstream and/or downstream
reaches. Adverse effects include, but are not limited to, channel instability,
flooding, and/or stream bank erosion. The Permittee shall routinely monitor
for these effects, cease all work when detected, take initial corrective
measures to correct actively eroding areas, and notify this office immediately.
Permanent corrective measures may require additional authorization by the
Corps.
47
SPECIAL CONDITIONS
ACTION ID: SAW-2016-02542
PERSON COUNTY BUSINESS AND INDUSTRIAL CENTER, INC.
PERSON COUNTY MEGA PARK —
PROSPECTIVE SEMICONDUCTOR CHIP MANUFACTURING PLANT
PERSON COUNTY
d. Culverts placed within wetlands must be installed in a manner that does not
restrict the flows and circulation patterns of waters of the United States.
Culverts placed across wetland fills purely for the purposes of equalizing
surface water shall not be buried, but the culverts must be of adequate size
and/or number to ensure unrestricted transmission of water.
COMPENSATORY MITIGATION
19. In order to compensate for impacts associated with this permit, mitigation shall
be provided in accordance with the provisions outlined on the most recent
version of the attached Compensatory Mitigation Responsibility Transfer Forms.
The requirements of these forms, including any special conditions listed on these
forms, are hereby incorporated as special conditions of this permit.
UTILITY LINES
20. No discharges of dredged or fill material are authorized by this permit for the
purposes of installation of any utility lines. Stream impacts for the sewer line
stream crossing ("Preliminary Jurisdictional Waters of the U.S. Impacts Map -
Preferred Option 1" Sheet 6) must be avoided through the use of trenchless
techniques such as jack and bore or horizontal directional drill, as shown on the
permitted plans.
lei
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Person County Business and Industrial Center, Inc. Action ID: SAW-2016-02542
Project Name: Person County Mega Park — Semiconductor Chip Manufacturing Plant County: Person
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03010104, Roanoke River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
8,623
1.18
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: See Comments/Additional Conditions section below
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
17,246
2.36
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 31 January, 2020
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation
responsibility, dated 5/21/2020 was provided by the Permittee.
• Stream and wetland credits may be provided in HUC 03010104, 03010103, and/or 03010102.
• The stream credits required correspond to 8,623 linear feet of impacts at 2:1.
• The wetland credits required correspond to 1.18 acres of impacts at 2:1.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite
105, Wake Forest, NC 27587 (or by email to kimberly.d.browning@usace.army.mil or todd.tugwell@usace.army. mil).
Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: David Bailey
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Email: David.E.Bailey2@usace.army.mil
Date: 2020.08.26
08:16:58-04'00'
USACE Project Manager Signature
August 26, 2020
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online.
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
AL
Applicant: Person County Business and
File Number: SAW-2016-02542
Date: August 26, 2020
Industrial Center, Inc.
Attached
is:
See Section below
®
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
F-11
APPROVED JURISDICTIONAL DETERMINATION
D
F-11
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.arLny.mil/inet/functions/cw/cecwo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: David E. Bailey
ADMINISTRATIVE APPEAL REVIEW OFFICER
Raleigh Regulatory Field Office
CESAD-PDS-O
3331 Heritage Trade Drive, Suite 105
60 FORSYTH STREET SOUTHWEST, FLOOR M9
Wake Forest, North Carolina 27587
ATLANTA, GEORGIA 30303-8803
PHONE: (404) 562-5136; FAX (404) 562-5138
EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunit to participate in all site investirations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David E. Bailey, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
DocuSign Envelope ID: 2BO98688-B5A1-42E6-971C-38FCD53309E6
Itoy COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
❑imch7i'
NORTH CAROUNA
Environmental Qualfry
May 28, 2020
i]WR # 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 (919) 431-3000 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 (919) 431-3100, 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.
EQNarlh Carolina Deharrment ol-Environmental Quality I Dlvisfon of Water Resnurces
512 North Sallshury Street 116l7 MaV Service Center i Raleigh, Nnrih i:;i na 2j694-J617
�NI/015 919.107,4000
DocuSign. Envelope ID:2BO98688-BSA1-02E6-971C-38FC0533O9E6
Person County Business and Industrial Center Inc.
DWR Project # 20171527 v2
Individual Certification ## WQC004227
Page 2 of 9
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, FedFx, 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 sue-homewood@ncdenr.gov if you have
any questions or concerns.
Sincerely,
ppcuSigned by:
Wfli-
9d9iJ91 BA53®EF4EQ...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Susan Morrison, Timmons Group (via email)
David Bailey, LISACE Raleigh Regulatory Field Office (via email)
Gahriela Garrison, NCWRC (via email)
Todd Bowers, EPA, [via email]
DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20171527v2 Person County Mega Pa rk(Pe rso n )_401_IC.docx
DocuSign Envelope 10: 2BO98688-B5A1-42E6-971C-38FCD53309E6
Person County Business and Industrial Center Inc.
DW R 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:
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 10: 2BO98688-B5A1-42E6-971C-38FCD53309E6
Person County Business and Industrial Center Inc.
DW R 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
Mitigation must be provided for the proposed impacts as specified in the table below. The ❑ivision
has received an acceptance letter from the NC Division of Mitigation Services (DM5) 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 ❑MS to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506 (b){6)]:
Compensatory Mitigation Required
River and Sub -basin Number
Stream
3,369 (feet)
Roanoke — 03010104,
03010102 or 03010103
Wetland
1.18 (acres)
Roan o ke — 03010104,
03010102 or 03010103
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 Perm ittee 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 ❑ivision. 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 10: 2BO98688-B5A1-42E6-971C-38FCD53309E6
Person County Business and Industrial Center Inc.
DW R 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 devices) 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-
❑f-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 ❑ivision.
e. Maintenance activities for stormwater management devices) shall be performed in accordance
with the notarized 0&M agreements signed by Sherry WiIborn (of Person County) on April 23,
2020. The C&M agreement shall transfer with the sale of the land or transfer of
ownership/responsibility for the approved SMP. The ❑ivision 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 far 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.
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 10: 2BO98688-B5A1-42E6-971C-38FCD53309E6
Person County Business and Industrial Center Inc.
DW R Project # 20171527 v2
Individual Certification # WQC004227
Page 6 of 9
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 DDT 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 0 2 H .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 Focal 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 10: 2BO98688-B5A1-42E6-971C-38FCD53309E6
Person County Business and Industrial Center Inc.
DW R 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 ❑ivision 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 IC; 2Bo986BB-B5A1-42E6-971C-38FCD53309EB
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 .05021
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.
25. The perm ittee shall report to the Winston Salem Regional Office at 335-775-9800 any noncompliance
with this Certification, any violation of stream or wetland standards [15A NCAC 02B .02001 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 IC; 2BO986BB-B5A1-42E6-971C-38FCD533agEB
Person County Business and Industrial Center Inc.
DWR Project # 20171527 v2
Individual Certification # WQC004227
Page 9 of 9
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 expirations date of this
Certification. [15A NCAC 02H .0507(d)[2] and 15A NCAC 02H .0506]
This the 28"' day of May 2020
IrDDocuSSigned 6y:
949a91BA53£F4EO—
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
5LH
WQC04227