20151256 Ver 3_Approval Letter_20190318

ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Director
Scannell Development Company
Attn: Mr. Joel Scannell
1800 Diagonal Rd, Suite 600
Alexandria VA 22314
NORTH CAROLINA
Environmental Quality
March 18, 2019
DWR # 20151256 v3
Wake County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Hodge Road Warehouse Park — "Eastgate 540"
USACE Action ID. No. SAW -2014-02127
Dear Mr. Scannell:
Attached hereto is a copy of Certification No. WQC004180 issued to Mr. Joel Scannell and
Scannell Development Company, dated March 18, 2019. Please note that you should get any
other federal, state or local permits before proceeding with the subject project, including those
required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water
Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
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.
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
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^p+^^�^'E^•^^^^-��M 919.707.9000

Hodge Rd Warehouse Park — "Eastgate 540"
DWR Project #20151256 v3
Individual Certification # WQC004180
Page 2 of 8
Mailing address for the OAH:
if sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Sue Homewood at 336-776-9693 or
[e-mail] if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: James Spangler, Spangler Environmental Inc (via email)
Jean Gibby, USACE Raleigh Regulatory Field Office (via email)
Maria Dunn, NCWRC (via email)
Todd Bowers, EPA, (via email)
DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 151256v3HodgeRd WarehousePark(Wake)_401_IC

Hodge Rd Warehouse Park — "Eastgate 540"
DWR Project #20151256 v3
Individual Certification # WQC004180
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION # WQC004180 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 026 .0200, to Mr. Joel Scannell and Scannell Development
Company, who have authorization for the impacts listed below, as described within your
application received by the N.C. Division of Water Resources (Division) on December 13, 2018
(updated version of application submitted on October 9, 2017 and returned as incomplete on
September 21, 2018) and subsequent information on January 31, 2019 and February 21, 2019,
and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on
October 27, 2017.
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
404/401 Wetlands
D1
0.008 (acres)
0 (acres)
D2
0.039 (acres)
0 (acres)
D3
0.002 (acres)
0 (acres)
D4
1.104 (acres)
0 (acres)
D5
0.007 (acres)
0 (acres)
E
0.008 (acres)
0 (acres)
F
0.162 (acres)
0 (acres)
Total
1.33 (acres)
0 (acres)

Hodge Rd Warehouse Park—"Eastgate 540"
DWR Project #20151256 v3
Individual Certification # WQC004180
Page 4 of 8
2. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Wildlands Holdings Mitigation Bank -
Grantham Branch Mitigation Site to meet this mitigation requirement. Until the Wildlands
Holdings Mitigation Bank -Grantham Branch Mitigation Site 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 Wildlands Holdings Mitigation Bank -Grantham Branch
Mitigation Site to meet the following compensatory mitigation requirement [15A NCAC
02H .0506 (b)(6)]:
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. Any modifications to the project require
notification to DWR and may require an application submittal to DWR with the appropriate
fee. [15A NCAC 02H.0501 and .0502]
4. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (e.g. 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)]
5. Upon completion of the fencing/flagging required in Item #4 adjacent to the location of
Building #6 and adjacent post construction stormwater ponds 3 and 4, the Permittee shall
conduct a preconstruction meeting between the Division and the construction contractor
prior to any ground disturbing activities within this immediate area. The Permittee shall also
request that staff from the appropriate Erosion Control Program attend the meeting. [15A
NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)]
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized under this Certification.
[15A NCAC 02H.0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers. [15A NCAC 02B .0200]
7. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Compensatory Mitigation Required
River and Sub -basin Number
Wetlands
1.33 (acres)
Neuse River Basin03020201
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. Any modifications to the project require
notification to DWR and may require an application submittal to DWR with the appropriate
fee. [15A NCAC 02H.0501 and .0502]
4. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (e.g. 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)]
5. Upon completion of the fencing/flagging required in Item #4 adjacent to the location of
Building #6 and adjacent post construction stormwater ponds 3 and 4, the Permittee shall
conduct a preconstruction meeting between the Division and the construction contractor
prior to any ground disturbing activities within this immediate area. The Permittee shall also
request that staff from the appropriate Erosion Control Program attend the meeting. [15A
NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)]
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized under this Certification.
[15A NCAC 02H.0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers. [15A NCAC 02B .0200]
7. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).

Hodge Rd Warehouse Park — "Eastgate 540"
DWR Project #20151256 v3
Individual Certification # WQC004180
Page 5 of 8
8. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
[15A NCAC 021-1.0501 and .0502]
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. [15A NCAC 02B .0201]
10. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self-monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
11. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other
Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner
that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B
.0200 and 15A NCAC 02B.0231]
12. 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 0213 .0200]
13. No temporary impacts are allowed beyond those included in this Certification. All 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. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
14. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams 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. [15A NCAC 02H .0506(b)(2) and (c)(2)]

Hodge Rd Warehouse Park — "Eastgate 540"
DWR Project #20151256 v3
Individual Certification # WQC004180
Page 6 of 8
15. 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)]
16. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of a waterbody or
wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3)
and 15A NCAC 0213 .0211 (12)]
17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
18. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum
spill less than 25 gallons that cannot be cleaned up within 24 hours.
19. Mr. Joel Scannell and Scannell Development Company 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. Joel Scannell and Scannell
Development Company 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. Joel Scannell and Scannell Development Company 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.

Hodge Rd Warehouse Park— "Eastgate 540"
DWR Project #20151256 v3
Individual Certification # WQC004180
Page 7 of 8
20. 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.
21. 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 Certification. A copy of this Certification shall
be available at the project site during the construction and maintenance of this project. [15A
NCAC 02H.0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
22. 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 httpsJ/edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC
02H .0502(f)]
23. If the property or project is sold or transferred, the new Permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]
24. 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.
25. 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)]
26. 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.

Hodge Rd Warehouse Park — "Eastgate 540"
D W R Project #20151256 v3
Individual Certification # WQC004180
Page 8 of 8
27. The permittee shall report to the Raleigh Regional Office 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 .02001. 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.
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
This the 18`h day of March 2019
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/slh
WQC004180