20151256 Ver 3_Addional information_20190614

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ENVIRONMENTAL, INC.
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Land Planning • Permitting • Environmental Consulting • Construction ManagerliGItiFWATERREMRa>lc ny
401 &BUFFER PERMITTING
LETTER OF TRANSMITTAL
Date: 14-Jun-19 9 D ' S/c� -//‘
Name: Karen Higgins �C
MC/ crqa
Company Name: DEQ DWR -401 & Buffer Permitting
From: Dalton Cook RE: DWR #20151256 v3
SEI #: 201903030
WE ARE SENDING YOU:
Attached Under Separate Cover via
Shop Drawings Specifications Invoices
X Letters Change Order Reproducibles
Reports Computer Disk Samples
COPIES DATE DESCRIPTION
Permit transfer document (Action ID: SAW-2014-02127)
1 6/14/2019
THESE ARE TRANSMITTED as checked below:
For Approval Approved as Submitted Resubmit Copies for Approval
X For Your Use Approved as Noted Submit Copies for Distribution
As Requested Return for Corrections Return Corrected Prints
For Review & Comment FOR BIDS DUE Other
SIGNED: C_ (� CC:
4338 Bland Road Raleigh,N.C.27609 tel [phone] fax [phone]
1-866-SPANGLER www.spanglerenvironmental.com

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JUN 1 4 2019DEILWA
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TRINITYCAPITAL 01 &BUERREOUR
401 BUFFER PERMITTING
VIA CERTIFIED MAIL
Department of the Army
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington,North Carolina 28403
Re: Notification of Ownership and Permit Transfer—Hodge Road Business Park,
Knightdale, North Carolina Clean Water Act § 404 Permit Number SAW-2014-
02127
Dear Sir or Madam:
By this letter, Hodge Rd. Future Phases LLC ("Hodge Rd.") confirms its June 11, 2019
purchase of property subject to Clean Water Act ("CWA") § 404 Permit No. SAW-2014-02127
("Corps Permit") from Scannell Development Company. As part of the transfer, Hodge Rd.
assumes responsibility for compliance with the permit's terms and conditions. No changes in
permitted activities will result from the transaction. Please find the enclosed Corps Permit
signed by a Hodge Rd. representative validating the ownership transfer.
Hodge Rd. is using Spangler Environmental, Inc. ("Spangler"), as its permitting agent. The
primary Spangler contact is:
Jim Spangler
Spangler Environmental, Inc.
4338 Bland Road
Raleigh,NC 27609
(919)-875-4288
The primary contact for Hodge is:
Sherrie Chaffin
Trinity Capital Advisors
440 South Church Street Suite#800
Charlotte,NC 28202
704-295-0455
Please do not hesitate to contact me if you have any questions concerning this notice.
Sincerely,
Walker Collier
Authorized Member
Hodge Rd. Future Phases LLC
440 South Church Street,Suite 800 (704)-295-0438
Charlotte,NC 28202 trinitycapitaladvisors.com

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.
9
cE ( LLOP COMPANY A )
MR.JOEL SCANNELL
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.
`d \\
(DZTRICT COMMANDER)ROB T J.CLARK,COLONEL A TE)
` 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.
t(//.e//7
(TRANSFEREE) (DATE)
3 'U.S.GOVERNMENT PRINTING OFFICE:1986-717-425

e"..1ve, DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
w . z 69 DARLINGTON AVENUE
Q, ='!IU!:" 'n WILMINGTON,NORTH CAROLINA 28403-1343
May 30, 2019
i sr.,Ts of.
Regulatory Division
• Action ID: SAW 2014-02127
Mr. Joel Scannell
Scannell Development Company
1800 Diagonal Road, Suite 600
Alexandria, Virginia 22314
Dear Mr. Scannell:
In accordance with your written request of October 6, 2017, and the ensuing
administrative record, enclosed are two copies of a permit to permanently discharge fill
material into 1.193 acres of wetland associated with the construction of 6 industrial
buildings, along with associated parking and roads for the development of Hodge Road
Business Park, in Knightdale, Wake County, North Carolina.
You should acknowledge that you accept the terms and conditions of the enclosed
permit by signing and dating each copy in the spaces provided ("Permittee" on page 3).
Your signature, as permittee, indicates that, as consideration for the issuance of this
permit, you voluntarily accept and agree to comply with all of the terms and conditions
of this permit. All pages of both copies of the signed permit with drawings should
then be returned to this office for final authorization. A self-addressed envelope is
enclosed for your convenience.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A
$10 fee will be charged for permit applications when the work is noncommercial in
nature and provides personal benefits that have no connection with a commercial
enterprise...", and "A fee of$100 will be charged for permit applications when the
planned or ultimate purpose of the project is commercial or industrial in nature and is in
support of operations that charge for the production, distribution, or sale of goods or
services." As your application fits the former category, you are requested to remit your
check for$100.00, made payable to the Finance and Accounting Officer, USAED,
Wilmington. The check should accompany the signed and dated copies of your
permit.
This correspondence contains a proffered permit for the above described site. If
you object to this decision, you may request an administrative appeal under Corps
regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal decision, you must submit a completed RFA form to the following address: this

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District Engineer, Wilmington Regulatory Division
Attn: Mrs. Jean B. Gibby
69 Darlington Avenue
Wilmington, North Carolina 28403
In order for an RFA to be accepted by the Corps, the Corps must determine that it
is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has
been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by June 25,
2019.
It is not necessary to submit an RFA form to the Division Office if you do not object
to the decision in contained in this correspondence.
After the permit is authorized in this office, the original copy will be returned to you;
the duplicate copy will be permanently retained in this office. If you have questions,
please contact Mrs. Jean B. Gibby at the Raleigh Regulatory Field Office, telephone
919-554-4884, Ext. 24.
Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our website at
http://corpsmapu usace arm mil/cm apex/f?p 136 4 0. and completing the survey on-
line. We value your comments and appreciate your taking the time to complete a
survey each time you interact with our office.
Sincerely,
t
Jean B. Gibby
Chief, Raleigh Regulatory Field Office
Enclosures
Copy Furnished with enclosures:
mr. Dalton Cook
Environmental Project Specialist
Spangler Environmental, Inc.
4338 Bland Road
Raleigh, NC 27609
2

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
69
oy�?fQ A '� DARLINGTON
7E5 OF AVENUE
'�TA
WILMINGTON,NORTH CAROLINA 28403-1343
11 June 2019
Regulatory Division
Action ED: SAW-2014-02127
Mr. Joel Scannell
Scannell Development Company
1800 Diagonal Road, Suite 600
Alexandria,Virginia 22314
Dear Mr. Scannell:
In accordance with the written request of October 6, 2017, and the ensuing administrative
record, enclosed is a Department of the Army(DA)Permit to authorize the permanently
discharge fill material into 1.193 acres of wetland associated with the construction of 6 industrial
buildings,along with associated parking and roads for the development of Hodge Road Business
Park,in Knightdale, Wake County,North Carolina.
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 notified 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
general conditions require that:
a. You must complete construction before December 31, 2024.
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.
You should address all questions regarding this authorization to Mrs.Jean B. Gibby in the
Raleigh Regulatory Field Office,telephone number(919) 554-4884, extension 24.

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•
— 2 -
Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our web-site at http://colpsmapuusace.aimv.mil/cm apex/f?p=136:4:0
and completing the survey on-line. We value your comments and appreciate your taking the
time to complete a survey each time you interact with our Office.
FOR THE COMMANDER
Scott McLendon
Chief,Regulatory Division
Wilmington District
Enclosures
Copy Furnished(with enclosures):
Chief, Source Data Unit
NOAA/National Ocean Service
Attn: Sharon Tear N/CS261
1315 East-West Hwy.,Rm 7316
Silver Spring,Maryland 20910-3282
Copies Furnished with special conditions and plans:
Mr. Kenneth Riley, Ph.D.
Habitat Conservation Division
National Marine Fisheries Service Southeast Region
101 Pivers Island Road
Beaufort,North Carolina 28516
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Raleigh Ecological Service Field Office
Post Office Box 33726
Raleigh,North Carolina 27636-3726

- 3 —
Mr. Todd Bowers
Wetlands and Streams Regulatory Section
U.S. Environmental Protection Agency-Region 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta,Georgia 30303-8931
Mr. Doug Huggett
Division Coastal Management
N.C. Department of Environment and Natural Resources
400Commerce Avenue
Morehead City,North Carolina 28557
Dr. Pace Wilber
Habitat Conservation Division-Atlantic Branch
NOAA Fisheries Service
219 Fort Johnston Road
Charleston, South Carolina 29412

DEPARTMENT OF THE ARMY PERMIT
Permittee: SCANNELL DEVELOPMENT COMPANY-BODGE ROAD BUSINESS PARK,MR.JOEL SCANNELL
Permit No.: SAW-2014-02127
Issuing Office: CESAW-RG-R
NOTE: The term"you"and its derivatives,as used in this permit,means the permittee or any future transferee. The term"this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: This authorization is for the permanent discharge of fill material into 1.193 acres of wetland
associated with the construction/expansion of the Hodge Road Business Park. Specifically, the expansion includes the
construction of 4 additional buildings,associated parking,road,and associated stormwater improvement.
Project Location: The project site is located at 2309 Hodge Road,approximately 2,000 feet north of the intersection of
Hodge and Poole Roads,near Knightdale,in Wake County,North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31,2024.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.
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
ENG FORM 1721,Nov 86 EDITION OF SEP 82 IS OBSOLETE.
(33 CFR 325(Appendix A))
1

1
•
Further Information:
1. CongressionaI Authorities:You have been authorized to undertake the activity described above pursuant to:
() Section 10 of the Rivers and Harbors Act of 1899(33 U.S.C.403).
(X) Section 404 of the Clean Water Act(33 U.S.C.1344).
() Section 103 of the Marine Protection,Research and Sanctuaries Act of 1972(33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal,state,or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit,the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from
natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on
behalf of the United States in the public interest.
c. Damages to persons,property,or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification,suspension,or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the
public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include,but are not limited to,the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false,incomplete,
or inaccurate(See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4
and 326.5.The referenced enforcement procedures provide for the issuance of an administrative order requiring you to
comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will
be required to pay for any corrective measures ordered by this office,and if you fail to comply with such directive,this
office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by
contract or otherwise and bill you for the cost.
2 *U.S.GOVERNMENT PRINTING OFFICE:1986-717-425

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 oft e
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.
(PE TTEE)SC L LOPMENT COMPANY / 'ATE
MR JOEL SCANNELL )
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.
• Ck
tyzr,
(D �+RICT COMMANDER) �K' \(DATE)
)RT J.CL COLONEL �` `
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)
3 *U.S.GOVERNMENT PRINTING OFFICE:1986-717-425

SPECIAL CONDITIONS
ACTION ID: SAW-2014-02127
HODGE ROAD BUSINESS PARK
WORK LIMITS I NOTIFICATION
1. Work Limits:All work authorized by this permit shall be performed in strict compliance with
the attached permit plans titled Master Plan Submittal for Scannell Development Company—
Overall Site Plan — Option 1, dated January, 6, 2017, which are a part of this permit. The
Permittee shall ensure that the construction design plans for this project do not deviate from the
permit plans attached to this authorization. Any modification to the attached permit plans must
be approved by the U.S. Army Corps of Engineers (Corps) prior to any active construction in
waters or wetlands.
2. Permit Distribution: The Permittee shall require its contractors and/or agents to comply with
the terms and conditions of this permit in the construction and maintenance of this project, and
shall provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit. A copy of this permit, including all
conditions and drawings shall be available at the project site during construction and
maintenance of this project.
3. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps-
approved modification to this permit, no excavation, fill or mechanized land-clearing activities
shall take place at any time in the construction or maintenance of this project, within waters or
wetlands. This permit does not authorize temporary placement or double handling of excavated
or fill material within waters or wetlands outside the permitted area. This prohibition applies to all
borrow and fill activities connected with this project.
4. 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 imair
normal flows and circulation patterns within waters or wetlands or toreduce the reach of waters
and/or wetlands.
5. Actual Construction Drawings: The permittee shall submit the approved construction
drawings for Corps review prior to beginning any work in jurisdictional areas.
6_ Deviation From Permitted Plans: The permittee shall ensure that the construction design
plans for this 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, Mrs. Jean B. Gibby of the Raleigh Regulatory Field Office prior to any
active construction in waters or wetlands.
7. Preconstruction Meeting: The Permittee shall conduct an onsite preconstruction meeting
between its representatives, the contractor's representatives and the appropriate U.S. Army
Corps of Engineers Project Manager prior to undertaking any work within jurisdictional waters
and wetlands to ensure that there is a mutual understanding of all terms and conditions

SPECIAL CONDITIONS
ACTION ID: SAW-2014-02127
HODGE ROAD BUSINESS PARK
contained within the Department of the Army permit. The Permittee shall schedule the
preconstruction meeting for a time frame when the Corps and NCDWR Project Managers can
attend. The Permittee shall invite the Corps and NCDWR Project Managers a minimum of thirty
(30) days in advance of the scheduled meeting in order to provide those individuals with ample
opportunity to schedule and participate in the required meeting. The thirty (30) day requirement
can be waived with the concurrence of the Corps.
8. Notification of Construction Commencement and Completion: The Permittee shall notify
the U.S. Army Corps of Engineers in writing prior to beginning the work authorized by this permit
and again upon completion of the work authorized by this permit.
9. Reporting Address: All reports, documentation, and correspondence required by the
conditions of this permit shall be submitted to the following: U.S. Army Corps of Engineers,
Wilmington District, Raleigh Regulatory Field Office, Attn: Mrs. Jean B. Gibby, 3331 Heritage
Trade Drive, Suite 105, Wake Forest, North Carolina 27587, or [e-mail].
The Permittee shall reference the following permit number, SAW 2014-02127, on all submittals.
10. Water Contamination: All mechanized equipment shall be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic
fluids, or other toxic materials. In the event of a spill of petroleum products or any other
hazardous waste, the Permittee shall immediately report it to the N.C. Division of Water Quality
at [phone] or(800) 858-0368 and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act shall be followed.
11. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this permit or
upon its expiration before completion of the work will, without expense to the United States and
in such time and manner as the Secretary of the Army or his authorized representative may
direct, restore the water or wetland to its pre-project condition.
12. Clean Fill: The Permittee shall use only clean fill material for this project. The fill material
shall be free of items such as trash, construction debris, metal and plastic products, and
concrete block with exposed metal reinforcement bars. Soils used for fill shall not be
contaminated with any toxic substance in concentrations governed by Section 307 of the Clean
Water Act. Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source.
2

SPECIAL CONDITIONS
ACTION ID: SAW-2014-02127
HODGE ROAD BUSINESS PARK
contact with concrete shall only be returned to waters of the United States when it no longer
poses a threat to aquatic organisms (i.e. concrete is set and cured).
15. Endangered Species Act: The Permittee shall implement all necessary measures to
ensure the authorized activity does not kill, injure, capture, harass, or otherwise harm any
federally-listed threatened or endangered species. While accomplishing the authorized work, if
the Permittee discovers or observes an injured or dead threatened or endangered species, the
U.S. Army Corps of Engineers, Wilmington District Raleigh Field Office, Attn: Mrs. Jean B.
Gibby at [phone], Ext. 24 or [e-mail] will be immediately notified
to initiate the required Federal coordination.
16. Unknown Cultural Resources: While accomplishing the authorized work, if the permittee
discovers any previously unknown cultural resources, the District Engineer will be immediately
notified so that required coordination can be initiated with the North Carolina Division of Cultural
Resources.
17. Reporting Violations: Violation of these permit conditions or violation of Section 404 of the
Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported to the Corps in
writing and by telephone at: [phone], Ext. 24 within 24 hours of the Permittee's
discovery of the violation.
18. Compliance Inspection: A representative of the Corps of Engineers 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.
19. Compensatory 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 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. (See Exhibit A).
4

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Mr.Joel Scannell/Scannell Development Company-Hodge Road Action ID: SAW-2014-02127
Project Name: Hodge Road Business Park
County: Wake
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form,it is the Permittee's responsibility to ensure
that to the U.S.Army Corps of Engineers(USACE)Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit,or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code(HUC),multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits)shown below are available at
the identified site. By signing below,the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed,the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee,the USACE Project Manager,and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03020201, Neuse River Basin
Stream Impacts(linear feet) Wetland Impacts(acres)
Warm I Cool I Cold Riparian Riverine I Riparian Non-Riverine Non-Riparian Coastal
1.193 ' I
*If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201,Neuse River Basin
Stream Mitigation(credits) Wetland Mitigation(credits)
Warm I Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
Ii 2.386 • { I
Mitigation Site Debited: North Carolina Division of Mitigation Services(NCDMS)
(List the name of the bank to be debited.For umbrella banks,also list the specific site. For NCDMS,list NCDMS. If the NCDMS
acceptance letter identifies a specific site,also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document(see the table above),associated with the USACE Permittee and Action
iID number shown. i also verify that released credits(and/or advance credits for NCDMS),as approved by the USACE,are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2
Form Updated 14 September,2017

•
USACE Wilmington District
I Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance;however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form,confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee,Mitigation Sponsor,and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager(address below)is provided with a signed copy of this form.
• If changes are proposed to the type,amount,or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team(NCIRT). If approved,higher mitigation ratios may be applied,as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit.
and the Bank/ILF Instrument.
Comments/Additional Conditions: 1.193 acres of wetland impacts at a 2:1 ratio.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed,the Sponsor should provide copies of this form along with an updated bank ledger to:1)the Permittee,2)the USACE
Project Manager at the address below,and 3)the Wilmington District Mitigation Office,Attn:Todd Tugwell,3331 Heritage
Trade Drive,Suite 105, Wake Forest,NC 27587(email:todd.tugwell@a usace.army.m11). Questions regarding this form or
any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Jean Gibby
USACE Field Office; Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive,Suite 105
Wake Forest,NC 27587
Email: [e-mail]
•
USACE Project Manage ignature May 30,2019
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability,and credit classifications(including stream temperature and wetland groupings)is
available at http://ribits usace army mil.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the
Customer Satisfaction Survey located at our website at http://reeulatory.usacesurvev.com/to complete the survey online.

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Ii' Hodge Rd. Business .Park
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'4l�: [.�.ae A C.3.O
SPANGLER Figure 4
ENVIRONMENTAL.INC.

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Applicant: _. a _�. _ _--'-==�.�,:•��. > ,�,,.,� -3.� �$�A � "x .��;� (Ci,� � ,�
'ei,...'ts. _."1 LR 2 '�ZfY 'i '(e. .�^'v C3�' _ _'3..C"f� �' y�4Y
pP Scannell Development Company-Hodge File Number: SAW 2014-02127 Date: 0, 1
Road Business Park/Joel Scannell Date: May 30,2019
Attached is:
See Section bow
INITIAL PROFFERED PERMIT(Standard Permit or Letter of•.emission)
A
N. PROFFERED PERMIT(Standard Permit or Letter of permission) ) A
❑ PERMIT DENIAL B
❑ APPROVED JURISDICTIONAL DETERMINATION C
I_J PRELIMINARY JURISDICTIONAL DE TERMINATION D
aditxon f' _ a fl o Q ,_,.. .
rSkjeWO
�r remites- y4-a-Ta 7- e--- ' -� . -gV.—�"�ti-t*ii iN �hr- { -e"° ,•de .. A_ ....t ;r :S^-. h- ,':,r..1 i
'� ,dam' �-� a�� _ `° � ro '�
zl?.�. gn1 y ps��� art=3a �, � ,� .t. � , la i�- n' . �'� t�.
.,:.a-a.. sZWI ''arafrt. '' s x' tad s K.;� .,�� 1i %:::;
A: INITIALPROFFERED PERMIT: ���� � �'� �` ..�� -�-����' ��'���:-r�:�<~=� ���v�. �., h PRO Your ,`" dK
may accept or object to the permit. T{j� '�-
• ACCEPT: If you received a Standard Permit,t,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the
permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the
permit be modified accordingly. ereturnd
objections must be received by the district engineer within 6 days of th d ction II of this form to of this notice,o the ar yyoou will forfeit
e your ri Your
the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:Y(a)modify
y the
permit to address all ofyour concerns, drfy(b)modify the permit to address some of your objections,or(c)not modify the permit
having determined that the permit should be issued as previously written. After evaluating
will send you a proffered permit for your reconsideration,as indicated in Section B below. your objections,the district engineer
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit,t,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,
permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit.rights to appeal the
• APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of En
Administra
Appeal Process by completing Section II of this form and sending the form tothe diviso neengineer.ers hvr
must be received by the division engineer within 60 days of the date of this notice. This form
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to no
this notice means that you accept the approved JD in its entirety,and waive all rights to appeal the approved the days 60 of the date of
• APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps
s of Eng' e
ers AAppeal Process by completing Section II of this form and sending the form to the division engineer. This form must be in
eiv d by
the division engineer within 60 days of the date of this notice.

-
i -'
E: PRELIMINARY JURISDICTIONAL DETE
regarding the preliminaryRMINATION: You do not need to respond to the Corps
JD. The Preliminary JD is not appealable. If you wish,you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also ou ma
information for further consideration by the Corps to reevaluate the JD. Y Y provide new
� �� - �---`�- '�xa"",4-"'�„'.,��s.- �- _.:��'u,4�-``-.• �.`.,.s',��.;kid,,,-.a=. __ a--- ,
•
Lag3. r bv fi - Y:. - -t+ ,�'+"- -t"o-. •�;;.rr '_�; � «'f,c'"rxno �•ir.
�_C129:D E
REASONS FOR APPEAL ��... ;����F::��� �?� :'`..� �
OR OBJECTIONS: (Describe your ' ~s_.o r fr-
objections to an initial proffered permit in clear concise statements. You mayp attach ad itional a decision or your
this form to clarify where your reasons or objections are addressed in the adinistrative record.information
f cation to
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer,Wilmington Regulatory Division, Mr.Andrew E.Williams,Acting,Administrative Appeal Review
Attn: Mrs.Jean B. Gibby Officer
3331 Heritage Trade Drive,Suite 105
Wake Forest,North Carolina 27587 CESAD PDO
U.S.Army Corps of Engineers,South Atlantic Division
60 Forsyth Street,Room 10M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below Phone: [phone]
consultants,to conduct investigations of the project jectts a during thof e course of the appeal to Corps of proceseers s.personnel,
bey provided went
notice of any site investigation,and will have the op.ortuni to •artici fate in all site investigations. p ded a 15 day
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer,Wilmington Regulatory Division,Attn:Mrs.Jean B.Gibby,69 Darlington Avenue,Wilmington,
North Carolina 28403
For Permit denials,Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Jason Steele,
Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801
Phone: [phone]

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qT/
ROY COOPER 1 ..i —. ':-'
Governor ° ' -�'3
MICHAEL S.REGAN il `
Secretary *fttwiktrtie
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
March 18, 2019
DWR#20151256 v3
Wake County
Scannell Development Company
Attn: Mr.Joel Scannell
1800 Diagonal Rd,Suite 600
Alexandria VA 22314
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 150E by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty(60)calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the
OAH Clerk's Office at [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
D.a..,,——-—-- _�,�1 NorthNorth CaroliSnalisb DepartmenturyStreeti of
I617 EnvironmentalMail ServiceCenter Quality i i Division of WaterNorth Resources
J) 512 a Raleigh. Carolina 27699 1617
ov+rti°ft.°1iPM dift.0.9 `
0i'°''\v/"' 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
sue.homewoodpncdenr.gov if you have any questions or concerns.
Sincerely,
c'4)1Unk)
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

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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 Amount Approved
pproved
(units) (units)
Permanent 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)
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Hodge Rd Warehouse Park—"Eastgate 540"
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Individual Certification#WQC004180
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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 Authorisation
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)]:
Compensatory Mitigation Required River and Sub-basin Number
Wetlands 1.33 (acres) Neuse River Basin
03020201
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. [1SA 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]
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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"
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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 02H .0501 and .05021
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. tithe 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 no_t be discharged to waters of the-state. [15A
NCAC 02B.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 nolonger 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'stabilizedWith 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)]

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Hodge Rd Warehouse Park—"Eastgate 540"
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Individual Certification#WQC004180
Page 6 of
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(6)(3) and (c)(3)
and 15A NCAC 02B.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 NCACO2B.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 US.
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.
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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 httos://edocs.deci.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. •
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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 .0200] including
but not limited to sediment impacts,and any violation of state regulated riparian buffer rules
[15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the time
the applicant becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including
exact dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case-by-case basis.
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 18th day of March 2019
Karen Higgins, Supervisor
401& Buffer Permitting Branch
KAH/sib
W QC004180