TroutmanLogisticsCenter

' ��\•� DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
ASHEVILLE REGULATORY FIELD OFFICE
151 PATTON AVENUE, ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
December 6, 2022
Regulatory Division
Action ID Number: SAW-2021-00535
Matt Prince
NC Development Acquisition, LLC
1776 Peachtree Street NW, Suite 100
Atlanta, GA 30309
Dear Mr. Prince:
Enclosed is a Department of the Army permit to impact 1,995 Linear Feet (0.129
acres) of Unnamed Tributary to I-L Creek associated with the construction of two
distribution facilities. The Corps is issuing this permit in response to your written request
of September 24, 2021, and the ensuing administrative record.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans
to the Corps showing the proposed changes. You may not undertake the proposed
changes until the Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your
failure to comply with these conditions could result in a violation of Federal law. Certain
significant conditions require that:
a. You must complete construction before December 31, 2027.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and
conditions.
d. In order to compensate for impacts associated with this permit, mitigation shall
be provided in accordance with the provisions outlined in the U.S. Army Corps of
Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer
Form. The requirements of this form, including any special conditions listed on
this form, are hereby incorporated as special conditions of this permit
authorization.

-2-
You should address all questions regarding this authorization to Krystynka B. Stygar
at the Charlotte Regulatory Field Office, telephone [phone].
FOR THE COMMANDER
A/(- :5wt �
Scott Jones, PWS
Chief, Asheville Regulatory Field Office
6 Enclosures
1. Request for Appeal Form
2. Permit
3. Special Conditions
4. Construction Plans
5. Water Quality Certification
6. Mitigation Transfer Form
cc (with enclosures):
1. Permit
2. Special Conditions
3. Water Quality Certification
Byron Hampstead
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, NC 28801
Mr. Todd Bowers
U.S. Environmental Protection Agency
Water Management Division
Wetlands Protection Section — Region IV
61 Forsyth Street, SW
Atlanta, GA 30303
Mr. Paul Wojoski
NC Department of Environmental Quality
Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699
North Carolina Wildlife Resource Commission
Olivia Munzer - olivia.munzer(a-)-ncwildlife.org

193
Kimely-Horn and Associates
Chris Tinklenberg
200 South Tryon Street, Suite 200
Charlotte, NC 28202

DEPARTMENT OF THE ARMY PERMIT
Permittee NC Development Acqusition, LLC
Permit No. SAW-2021-00535
Issuing Office CESAW-RG-CHARLOTTE
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:
Authorization to permanently impact 1,995 Linear Feet (0.129 acres) and indirectly affect 472
Linear Feet of Unnamed Tributary to I-L Creek associated with the construction of two distribution
facilities.
Project Location:
Project is located at 782 Perry Road, in the Troutman community of Iredell County, North Carolina.
Permit Conditions:
General Conditions
1. The time limit for completing the work authorized ends on December 31, 2027 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 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.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 (.'FR 325 (Appendix.9))

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).
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:
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.
(REVERSE OF ENG FORM 1721)

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).
b. 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.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of
this permit.
(PERMITTEE) NC DEVELOPMENT ACQUISITION, LLC (DATE)
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 (DATE)
COLONEL, U.S. ARMY
DISTRICT COMMANDER p
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)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717425

SPECIAL CONDITIONS
SAW-2021-00535
Special Condition 1 (Construction plans): All work authorized by this permit must be
performed in strict compliance with the attached plans. Reference figures entitled,
Appendix C and September 17, 2021. Any modifications to these plans must be
approved by the Corps prior to implementation.
Rationale: This condition ties the permittee's activities to well-defined project plans in
order to ascertain compliance with this authorization.
Special Condition 2 (unauthorized Dredge 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 of the United States. This permit authorizes
temporary placement or double handling of excavated or fill material within waters of
outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
Rationale: This condition ensures no authorized activities occur within waters.
Special Condition 3 (Maintain Circulation and Flow 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 patters within waters or
wetlands or to reduce the reach of waters or wetlands.
Rationale: This condition clarified that only the impacts to waters of the United States by
the project plans, specified in Special Condition 1, are approved by this permit.
Special Condition 4 (Deviation from Permitted plans): The permittee shall ensure
that the construction design plans for the proposed project do not deviate from the
permit plans attached to this authorization. Written verification shall be provided that the
final construction drawings comply with the attached permit drawings prior to any active
construction in waters of the United States, including wetlands. Any deviation in the
construction design plans will be brought to the attention of the Corps of Engineers,
Ms. Krystynka B Stygar, Charlotte Regulatory Office, 8430 University Executive Park
Drive, Suite 615, Charlotte, North Carolina 28262, prior to any active construction in
waters or wetlands.
Rationale_ This condition ensure construction activities are limited to the previously
permitted waters and wetlands modifications to construction plans will be authorized by
the Corps prior to commencement.

Special Condition 5 (Pre -construction meeting): The permittee shall schedule an
onsite pre -construction meeting between its representatives, and the appropriate Corps
Project Manager prior to undertaking any work within jurisdictional waters and wetlands.
The permittee shall notify the Corps' Project Manager a minimum of thirty (30) days in
advance of the scheduled meeting in order to provide that individual with ample
opportunity to schedule and participate in the required meeting.
Rationale: This condition ensures that there is a mutual understanding of all terms and
conditions contained within the Department of Army Permit.
Special Condition 6 (Notification of Construction Commencement and
Completion): The permittee shall advise the Corps in writing prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this
permit.
Rationale: This condition facilitates time inspections for Section 404 Clean Water Act
Compliance.
Special condition 7 (Clean fill): Unless otherwise authorized by this permit, all fill
material placed in waters or wetlands shall be generated from an upland source and will
be clean and free of any pollutants except in trace quantities. Metal products, organic
materials (including debris from land clearing activities) or unsightly debris will not be
used. Soils used for fill shall not be contaminated with any toxic substance in
concentrations governed by Section 307 of the Clean Water Act.
Rationale: This condition addressed potential impacts to waters of the United States.
Special Condition 8 (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 proposed project and shall provide each of its contractors
and/or agents associated with construction or maintenance of this proposed project with
a copy of this permit. A copy of this permit, including all conditions, shall be available at
the project site during construction and maintenance of this proposed project.
Rationale: This condition specifies that the permittee is responsible for discharges of
dredged or fill material in waters of the United States done by their contractors and/or
agents.
Special Condition 9 (Sediment and Erosion Control Measures): The permittee shall
employ all sedimentation and erosion control measures necessary to prevent an
increase in sedimentation or turbidity within waters and wetlands outside the permit
area. 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 must remain in full compliance with all aspects of the Sedimentation Pollution
Control Act of 1973 (See North Carolina General Statutes Chapter 113A, Article 4)
-2-

Rationale: This condition addresses the measures used to control sedimentation and
erosion to waters of the United States.
Special condition 10 (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 a 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.
Rationale: This condition assigns responsibility to the permittee to restore permitted
impacts to their pre -project condition.
Special Condition 11 (Reporting Address): All reports, documentation, and
correspondence required by the conditions of this permit shall be submitted to the
following address: U.S. Army Corps of Engineers, Regulatory Division, Charlotte Field
Office, CIO Ms. Krystynka B Stygar, 8430 University Executive Park Drive, Suite 615,
Charlotte, North Carolina, 28262, and by telephone at [phone] or email at
krystynka.b.stygar(a-)_us_ace.army. mill. The permittee shall reference the following
Corps Action ID Number: SAW-2021-00535, on all submittals.
Rationale: This condition specifies reporting requirements.
Special condition 12 (Reporting violations of the Clean Water Act): Violations of
these conditions or violations of Section 404 of the Clean Water Act must be reported in
writing to the U.S. Army Corps of Engineers, Wilmington District within 24 hours of the
permittee's discovery of the violation.
Rationale: This condition specifies compliance reporting requirements.
Special condition 13 (Compliance Inspection): A representative of the Corps will
periodically and randomly inspect the work for compliance with these conditions.
Deviations from these procedures may result in an administrative financial penalty
and/or directive to cease work until the problem is resolved to the satisfaction of the
Corps.
Rationale: This condition documents the Corps' authority to conduct compliance
inspections as well as potential measures to assure compliance with permit conditions.
Special Condition 14 (Protection of Federally Listed Species): All necessary
precautions and measures will be implemented so that any activity will not kill, injure,
capture, harass, or otherwise harm any protected federally listed species. While
accomplishing the authorized work, if the permittee discovers or observes a damaged or
hurt federally listed species, the District Engineer will be immediately notified to initiate
the required Federal coordination.
Rationale: This condition ensures continued compliance with the Endangered Species
Act.
-3-

Special Condition 15 (Water contamination): All mechanized equipment will 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 North Carolina Division of Water Resources [phone] or (800)858-
0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act will be followed.
Rationale: This condition ensures continued compliance with the North Carolina Oil
Pollution and Substances Control Act.
Special Condition 16 (Sediment and Erosion Control Plan): Thirty (30) days prior to
commencing land disturbing activity, a Sediment and Erosion Control Plan will be filed
with North Carolina Department of Environmental Quality.
The Sediment and Erosion Control Plan must include, but not limited to:
1. A scaled plat plan of the site, showing the affected areas as well as adjacent
properties, which may be affected. Also, include contours, if available.
2. Indicate critical areas such as wetlands, creeks, streams, drain ways, marsh, etc.
3. Include a brief narrative describing the activities to be undertaken and a
construction schedule
4. Indicate on the plat, the measures to be utilized to prevent sediment from entering
adjacent properties, such as location of silt fences, silt basins, diversion ditches,
hay barriers, areas to be seeded, etc., and,
5. Include any other pertinent information directed at controlling off -site
sedimentation, slope degradation, and erosion
NOTE: The Sediment and Erosion Control Plan is required whenever the proposed
activity is to be undertaken on a tract comprising more than one acre, if more than one
contiguous acre is to be uncovered.
Rationale: This condition ensures the applicant is following the procedures and best
management practices used by the State, who enforce and monitor sediment and
erosion control.
Special Condition 17 (Prohibitions on Concrete): The permittee shall take measures
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 have been in contact with concrete shall only be returned to
water of the United States when it no longer poses a threat to aquatic organisms
(concrete is set and cured).
Rationale: This condition addresses the potential indirect impacts to waters of the
United States from live concrete.

Special condition 18 (Mitigation): 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 Mitigations Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on
this form are hereby incorporated as special condition of this permit authorization.
Rationale: This condition will help to ensure minimal indirect/ secondary effects to
aquatic resources in this sub basin as restoration of stream impacts will be conducted
within the same sub basin that the impacts are occurring.
Special Condition 19 (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 patters within waters
or wetlands to reduce the reach of waters and/or wetlands.
Rationale: This condition ensures aquatic life passage and passage of anticipated high
flows.
Special Condition 20 (Culverts):
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 than minimizes destabilization and head
cutting.
2. Measures shall be included in the culvert construction/installation that will promote
the safe passage of fish and other aquatic organism. The dimension, pattern, and
profile of the stream above and below the 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 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, bank full flow can be used as a comparable
level.
3. 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
Sm

detected, take initial corrective measures to correct actively eroding areas, and notify
this office immediately. Permanent corrective measures may require additional
authorization by the U.S. Army Corps of Engineers.
Rationale: This condition ensures aquatic life passage and passage of anticipated high
flows.
Special Condition 21 (Native vegetation): Native vegetation to be utilized for all
landscaping and planting.
Rationale: This condition requested by NC WRC to ensure survivability of planted
species based on limited irrigation.

DocuSign Envelope ID. E4813B34-1773-418D-AOD9-3E228CFA19C4
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Dfrecwr
NORTH CAROLINA
Environmental Quality
August 23, 2022
DWR # 20211406v2
Iredell County
NC Development Acquisition, LLC
Attn: Mr. Matt Prince
1776 Peachtree Street, NW, Suite 100
Atlanta GA 30309
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Troutman Logistics Center
USACE Action ID. No. SAW-2021-00535
Dear Mr. Prince:
Attached hereto is a copy of Certification No. WQC005086 issued to Mr. Matt Prince and NC Development
Acquisition, LLC, dated August 23, 2022. This approval is for the purpose and design described in your
application. The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project, you must notify the Division and you maybe
required to submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee 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.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality 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 Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
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
919.707,9000

DocuSign Envelope ID: E4813B34-1773-418D-AOD9-3E228CFA19C4
NC Development Acquisition, LLC
DWR# 20211406v2
Individual Certification #WQC005086
Page 2 of 14
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.51.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty J60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http:l/www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.
Sincerely,
Doeuslrnre toy:
C W
W 9D91 8A53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality i Division of Water Resources
512 North Salisbury Street i 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.707.900U

DocuSign Envelope ID: E4813B34-1773-418D-AOD9-3E228CFA19C4
Electronic cc: Chris Tinklenberg, Kimley-Horn & Associates Inc.
Krysta Stygar, USACE WHICH Regulatory Field Office
Todd Bowers, EPA
Olivia Munzer, NCWRC
DWR MRO
DWR 401 & Buffer Permitting Branch Electronic file
NC Development Acquisition, LLC
DWR# 20211406v2
Individual Certification #WQC005086
Page 3 of 14
Filename: 20211406v2 Troutman Logistics — Iredell —401 IC.docx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
DIP- e,�...�..r o.M� /'� 919.707.9000

DocuSign Envelope ID. E4813B34-1773-418D-AOD9-3E228CFA19C4
NC Development Acquisition, LLC
DWR# 20211406v2
Individual Certification #WQC005086
Page 4 of 14
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005086 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 0213.0200, to Mr. Matt Prince and NC Development Acquisition, LLC, who have
authorization for the impacts listed below, as described within your application received by the N.C.
Division of Water Resources (Division) on June 6, 2022 and subsequent information on July 7, 2022 and
August 1, 2022, and by Public Notice issued by the Division on June 22, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
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.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Impact 1/Stream S2* - Fill
1,544 (linear feet)
0 (linear feet)
Impact 2/Stream S36 - Fill
331 (linear feet)
0 (linear feet)
Impact 3/Stream S4 - Fill
82 (linear feet)
0 (linear feet)
Impact 4/Stream S5 - Fill
264 (linear feet)
0 (linear feet)
Impact 5/Stream S2* —
Indirect Impacts
192 (linearfeet)
0 (linear feet)
Impact 6/Stream S6—
Indirect Impacts
54 (1inear feet)
0 (linear feet)
*Denotes perennial streams requiring mitigation
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. 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.
Compensatory Mitigation
Required
River and Sub -basin Number
Perennial Stream
1,736
Yadkin
03040102
_ North Carolina Department o££nvironmental Qtu11iry I Division ofWater Resources
512 North Salisbury Street 1 1617 Mail Scrvice Center I Raleigh, North Carolina 27699-1617
o�.e�xr�r�ro�M� 919.707.9000

DocuSign Envelope ID: E4813B34-1773-418D-AOa9-3E228CFA19C4
NC Development Acquisition, LLC
DWR# 20211406v2
Individual Certification #WQC005086
Page 5 of 14
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected, in determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegrodation policy), the project must provide for replacement of existing
uses through compensatory mitigation.
2. The Division approves the Stormwater Management Plan (SMP) consisting of two (2) wet ponds and
all associated stormwater conveyances, inlet and outlet structures, and the grading and drainage
patterns depicted on submitted plan sheets, which are incorporated by reference and are
enforceable by the Division. The following conditions also apply:
a. The maximum allowable drainage area for the approved wet ponds shall be 3,412,869 square
feet and 1,921,387 square feet and the maximum allowable built -upon area within each
drainage area shall be 2,594,144 square feet and 1,670,716 square feet, respectively. 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 0&M agreements signed by Jon E. Brees on May 18, 2022. 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), construction photos (if available) and 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 or via email).
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
D 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
MK1.1 i�Vd;M,A '
u�.e.rre.,..,mm.r,� /✓ 919.707.9000

DocuSign Envelope ID: E4813B34-1773-418D-ADD9-3E228CFA19C4
NC Development Acquisition, LLC
DWR# 20211406v2
Individual Certification #WQC005086
Page 6 of 14
3. All wetlands, streams, and surface waters 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.
Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. in determining that the proposed activity will comply
with state water quality standards (including designated uses, numeric criteria, narrative criteria and
the state's antidegradation policy), the Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards or would result in
secondary or cumulative impacts.
4. Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. The applicant will also be
required to evaluate all acquired permits to assure that they are consistent, and all relative impacts
are accounted for and shown on the construction plans.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
The permittee shall report to the DWR Mooresville Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .02001, including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the permittee became aware of the non-
compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any
best use on a short-term or long-term basis.
No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of
the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for of/ best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity, wildlife, secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
]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
919.707.9000

DocuSign Envelope ID: E4813B34-1773-418D-AOD9-3E228CFA19C4
NC Development Acquisition, LLC
DWR# 20211406v2
Individual Certification #WQC005086
Page 7 of 14
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). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management
Practices for the control of sediment and erosion so that no violations of state water quality
standards, statutes, or rules occur.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
8. Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed
within authorized impact areas, then placement of such measures shall not be conducted in a
manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks or any violation
of water quality standards. Any silt fence installed within wetlands shall be removed from wetlands
and the natural grade restored within two (2) months of the date that DEMLR or locally delegated
program has released the specific area within the project to ensure wetland standards are
maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters,
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetlond uses; and (3)
'y� *forth Carolina Department of Environmental Quality I Division of Water Resources
D ��/i� 512 North Salisbury Street I t617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.7079600

DocuSign Envelope ID. E4813B34-1773-418D-AOD9-3E228CFA19C4
NC Development Acquisition, LLC
DWR# 20211406v2
Individual Certification #WQC005086
Page 8 of 14
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
10. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring,
record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
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 Department of Transportation
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and
other diversion structures shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H .0505(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for instate rule, and that activities must not cause water pollution that precludes any
Q
�� North Caroline Department of Environmental Qtuality I Division or Water ResourcesD^
512 North Salisbury Street 1 16 17 Mail Sen ice Center I Raleigh. North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID. E4813B34-1773-418D-AOD9-3E228CFA19C4
NC Development Acquisition, LI.0
DWR# 20211406v2
Individual Certification #WQC005086
Page 9 of 14
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability
of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the
receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated
as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and
reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds
these levels due to natural background conditions, the existing turbidity level shall not be increased.
12. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile
of the stream above and below a pipe or culvert shall not be modified by widening the stream
channel or by reducing the depth of the stream in connection with the construction activity. The
width, height, and gradient of a proposed culvert shall be such as to pass the average historical low
flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than
the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to
maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low
flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed
such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the streambed
by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter
for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water
and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to
provide for aquatic passage, then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes
of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening
the slope have been investigated and aquatic life movement/connectivity has been provided when
possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting
documentation to include a location map of the culvert, culvert profile drawings, and slope
calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there is
sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall
be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If
bedrock is discovered during construction, then DWR shall be notified by phone or email within 24
hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts
or bridges shall be provided to maintain the natural hydrology of the system as well as prevent
constriction of the floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques
shall be used where practicable instead of rip -rap or other bank hardening methods.
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: E4813B34-1773-418D-AOD9-3E228CFA19C4
INC Development Acquisition, LLC
DWR# 20211406v2
Individual Certification #WQC005086
Page 10 of 14
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis. Ensuring that structures are installed properly in
waters will ensure that surface water quality standards are met and conditions of waters are
suitable for all best uses.
13. 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.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
14. 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.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall
be returned to natural conditions within 60 calendar days after the temporary impact is no longer
necessary, The impacted areas shall be restored to original grade, including each stream's original
cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted
sites shall be restored and stabilized with native vegetation.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center l Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: E4813B34-1773-418D-ADD9-3E228CFA19C4
NC Development Acquisition, LLC
DWR# 20211406v2
Individual Certification #WQC005086
Page 11 of 14
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any remaining
surface waters or wetlands, and any surface waters or wetlands downstream, continue to support
existing uses after project completion.
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall
be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North
Carolina Department of Transportation Best Management Practices for Construction and
Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this
Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters
will ensure that surface water quality standards are met and conditions of waters are suitable for all
best uses.
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction
activity. All rip -rap shall be placed such that the original streambed elevation and streambank
contours are restored and maintained and shall consist of clean rock or masonry material free of
debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de-
stabilization of the stream bed or banks upstream or downstream of the area or be installed in a
manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
North Carolina Department of Environcuental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
..y�� 919.707.9000

DocuSign Envelope ID: E4813B34-1773-418D-AOD9-3E228CFA19C4
NC Development Acquisition, LLC
DWR# 20211406v2
Individual Certification #WQC005086
Page 12 of 14
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
19. 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 be performed in a manner to prevent, to the maximum extent practicable,
contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
20. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical characteristics
are protected, populations of wetland flora and fauna are maintained to protect biological integrity
of the wetland; and materials or substances are not present in amounts that may cause adverse
impact on existing wetland uses.
21. In accordance with 143-215.85(b), the permittee 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.
Citation: 15ANCACO2H.0507(c), N.C.G.S143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the nature,
location, and time of the discharge and of the measures which are being taken or are proposed to be
taken to contain and remove the discharge. This action is required in order to contain or divert the
substances to prevent entry into the surface waters. Surface water quality standards require that
conditions of waters be suitable for all best uses provided for in state rule (including, at minimum:
aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary
North Carolina Department of Env iromttenta] Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Ni ail Service Center I Raleigh, North Carolina 27699-1617
919J07.9000

t
DocuSign Envelope ID: E4813B34-1773-418D-AOD9-3E228CFA19C4
NC Development Acquisition, LLC
DWR# 20211406v2
Individual Certification #WQC005086
Page 13 of 14
contact recreation, agriculture); and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis.
22. The permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d)
of the Clean Water Act), and any other appropriate requirements of State and Federal Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
23. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this certification 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 Water Quality Certification. A copy of this Water Quality Certification shall be available
at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality Certification to minimize water quality impacts.
RENorth Carolina Department ofEnviromuental Quality I Division ofWater Resources
512 North Salisbury street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
gem
�� �� 919.707.9000

DocuSign Envelope ID: E4813B34-1773-418D-AOD9-3E228CFA19C4 NC Development Acquisition, LLC
DWR# 20211406v2
Individual Certification #WQC005086
Page 14 of 14
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(c)]
This, the 23" day of August 2022
DocuSigned by:
104
3�«l Zd
9D81 BA53EREO...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
PAW/SLH
North Carolina Department of Environmental Quality I Division o€Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
v any r:wxa x+n
919.707.9000