20080499 Ver 3_Approval Letter_20160226

Water Resources
ENVIRONMENTAL QUALITY
February 25, 2016
TDO Land Holdings LLC
Attn: Brian Hall
309 Gallimore Dairy Rd, Suite 102
Greensboro NC 27409
PAT MCCRORY
DONALD R. VAN DER VAART
Se" 2l((/'1'
S. JAY ZIMMERMAN
Due,w,
DWR # 08-0499 v3
Guilford County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Triad Business Park Phase II
USACE Action ID. No. SAW -2013-00556
Dear Mr. Hall:
Attached hereto is a copy of Certification No. WQC004050 issued to Mr. Brian Hall and TDO
Land Holdings LLC, dated February 25, 2016. 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 Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone] Customer Service 1-677-623-6748
Internet: www.ncdenr.gov- www.ncwoter.org

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, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Sue Homewood at 336-776-9693 or
[e-mail] if you have any questions or concerns.
Sincerely,
Win " l �'�N �
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Brad Luckey, Pilot Environmental Inc., (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Ana Jaramillo, Town of Kernersville (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file
Filename: 080499v3TriadBusi nessParkl I(Gu i (ford )_401_IC

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004050 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 02B.0200, to Mr. Brian Hall and TDO Land Holdings 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 July 24, 2015 and subsequent information on
October 2, 2015, November 11, 2015, December 14, 2015, January 13, 2016, January 29, 2016
and February 18, 2016 and by Public Notice issued by the U. S. Army Corps of Engineers and
received by the Division on August 4, 2015.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Site 1
205 (linear feet)
45 (linearfeet)
404/401 Wetlands
Site 1
0.54 (acres)
0.10 (acres)
2. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Division of Mitigation Services (DMS)
to meet this mitigation requirement. Until the DMS receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to the DMS to meet the following compensatory mitigation
requirement [15A NCAC 02H .0506 (b)(6)):

3. The "Conservation Areas" as identified in the Declaration of Restrictions amendment shall be
recorded on all retained jurisdictional wetlands, waters and protective buffers within the
project boundaries. [15A NCAC 02H .0501 and .05021
4. The proposed project must comply with the Town of Kernersville local water supply
ordinance approved by the N.C. Environmental Management Commission (EMC) as required
under the Randleman Lake Water Supply Watershed: Protection and Maintenance of
Riparian Areas (Randleman Buffer Rule) 15A NCAC 02B .0250.
5. The SMP approved by the Town of Kernersville on October 2, 2015 and any subsequent
amendments meets the requirements of the 401 Certification Program. The SMP may not
be modified without prior written authorization from the Town of Kernersville. A copy of
the approval letter and the modified SMP shall be submitted to the DWR 401 & Buffer
Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) prior to the
commencement of the modifications. [15A NCAC 02H .0506(b)(5)]
6. The Permittee shall stake the limits of disturbance at the culvert location and conduct a
preconstruction meeting with the construction contractor prior to disturbance of the
impact area. The Division shall be notified of the meeting two weeks prior to its scheduled
date. [15A NCAC 02H .0507 (c) and 15A NCAC 02H.0502 (e)]
7. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within Triad Business Park
will require a modification of this 401 Water Quality Certification approval. [15A NCAC 02H
.0506(4) and 15A NCAC 02H .0501 and .0502]
8. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .0501 and .0502]
Compensatory Mitigation
Required
River & Sub -
basin Number
Stream
205 (feet)
Wetlands
0.54 (acres)
3. The "Conservation Areas" as identified in the Declaration of Restrictions amendment shall be
recorded on all retained jurisdictional wetlands, waters and protective buffers within the
project boundaries. [15A NCAC 02H .0501 and .05021
4. The proposed project must comply with the Town of Kernersville local water supply
ordinance approved by the N.C. Environmental Management Commission (EMC) as required
under the Randleman Lake Water Supply Watershed: Protection and Maintenance of
Riparian Areas (Randleman Buffer Rule) 15A NCAC 02B .0250.
5. The SMP approved by the Town of Kernersville on October 2, 2015 and any subsequent
amendments meets the requirements of the 401 Certification Program. The SMP may not
be modified without prior written authorization from the Town of Kernersville. A copy of
the approval letter and the modified SMP shall be submitted to the DWR 401 & Buffer
Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) prior to the
commencement of the modifications. [15A NCAC 02H .0506(b)(5)]
6. The Permittee shall stake the limits of disturbance at the culvert location and conduct a
preconstruction meeting with the construction contractor prior to disturbance of the
impact area. The Division shall be notified of the meeting two weeks prior to its scheduled
date. [15A NCAC 02H .0507 (c) and 15A NCAC 02H.0502 (e)]
7. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within Triad Business Park
will require a modification of this 401 Water Quality Certification approval. [15A NCAC 02H
.0506(4) and 15A NCAC 02H .0501 and .0502]
8. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .0501 and .0502]

Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:
a. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
10. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. [15A NCAC 02H
.0501 and .0502]
11. An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
http://Portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. 15A NCAC 02H .0506(b)(5) and
(c)(5))

12. All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
13. If concrete is used during the 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
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]
14. Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation
of the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and
20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to
allow low flow passage of water and aquatic life. [15A NCAC 02H .0506(b)(2) and (c)(2))
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA -designated
floodways or wetlands, openings such as culverts or bridges must 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 must be used where practicable instead of rip rap or other bank hardening
methods.
15. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)]
16. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2)
and (c)(2)]

17. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)]
18. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
19. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B.0250(6) and 15A NCAC 02B.0231]
20. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
21. Mr. Brian Hall and TDO Land Holdings LLC shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. [15A NCAC 02B .0200] If the Division determines that
such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this Certification.
Before modifying the Certification, the Division shall notify Mr. Brian Hall and TDO Land
Holdings LLC 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. Brian Hall and TDO
Land Holdings LLC 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.
22. 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. If you change your project, you must notify
the Division and you may be 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. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]

23. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: http•//portal ncdenr org/web/wq/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H .0502(f)]
24. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H.05061
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 25th �day
of February 2016
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/sh

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
North Carolina Division of Water Resources
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Director
In accordance with 15A NCAC 2H.0500, Mr. Brian Hall of TDO Land Holdings LLC has permission as outlined below to fill
or otherwise impact 250 feet of streams and 0.64 acres of wetlands to construct the proposed Triad Business Park
Phase II project at the subject property which is located in Kernersville, NC, in Guilford County, North Carolina. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached
Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, DIVISION OF MITIGATION SERVICES
DWQ PROJECT #: 2008-0499 v3
SITE NAME: Triad Business Park Phase II
LOCATION: Kernersville, NC
COUNTY Guilford
BASIN/ SUB BASIN Cape Fear (HUC: 03030003)
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note:Acreage requirements proposed to be mitigated through the Division of Mitigation Services must be rounded to
one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15
2R.0503(b).
Impacts Mitigation
205 linear feet of stream 205 linear feet of stream
0.54 acres of wetland 0.54 acres of wetland
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a
fee to the Wetlands, Stream and Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this
form and mail the form along with a copy of the 401 Certification and Variance Approval to the Division of Mitigation
Services at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE DIVISION OF MITIGATION SERVICES.
Signature
Date
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone] Customer Service 1-877-623-6748
Internet: www.ncdenr.gov - www.ncwater.org