20240720 Ver 2_ePCN Application_20240717

DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes No
Is this project a public transportation project?*
Yes No
Change only If needed.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20240720
2
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Mooresville Regional Office - [phone]
Andrew Pitner:andrew.pitner
Information for Initial Review
1a. Name of project:
Concord Commerce Park
1a. Who is the Primary Contact?*
Zach Priester
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
7/17/2024
Nearest Body of Water
Coddle Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
Longitude:
35.378661
-80.648021
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Cabarrus
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No

1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?
Yes
No
Please provide the date of the previous submission.'
5/22/2024
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
NWP 14
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
39 - Commercial/Institutional Developments
1e. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
JRNCINVESTMENTS LLC
2b. Deed book and page no.:
2c. Contact Person:
Ian Prince
2d.Address
Street Address
34300 W 9 MILE RD
Address Line 2
City
FARMINGTON
Postal / Zip Code
48335
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
MI
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
BOOTSMEAD LEASECO LLC
2b. Deed book and page no.:
2c. Contact Person:
Mark Fiddes
2d. Address
Street Address
1717 S Boudler Ave
Address Line 2
city
TULSA
Postal / Zip Code
74119
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Zach Priester
3b. Business Name:
Fortius Capital Partners
3c.Address
Street Address
805 Trade Street NW
Address Line 2
Suite 102
City
Concord
Postal / Zip Code
28027
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Tim O'Halloran, PWS
4b. Business Name:
ECS Southeast, LLC
4c. Address
Street Address
1812 Center Park Drive
Address Line 2
Suite D
city
Charlotte
Postal / Zip Code
28217
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
2f. Fax Number:
State / Province / Region
OK
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:

C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Concord
2. Project Identification
2a. Property Identification Number:
55097549530000 & 55098674470000
2c. Project Address
Street Address
Concord Parkway & Dwight Place SW
Address Line 2
City
Concord
Postal / Zip Code
28027
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Coddle Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050105
4. Project Description and History
2b. Property size:
159.7
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: "
The subject property consists of approximately 159.7 acres on undeveloped forested land and agriculture fields. North of the project boundary is the intersection of Concord Parkway and
George W Liles Parkway, followed by undeveloped forested land, agriculture fields, Harold E Winkler Middle School, and residential development; east of the project boundary is
commercial and residential properties, followed by George W Liles Parkway and undeveloped forested land; south of the project boundary is Coddle Creek, followed by agriculture fields
and single family residences; west of the project boundary is a development project, undeveloped forested land, and Concord Parkway which continues southwest.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
15.46
4g. List the total estimated linear feet of all existing streams on the property:
5,451
4h. Explain the purpose of the proposed project: x
The purpose of the project is to develop a portion of the overall site with an industrial facility which will operate within the Concord Commerce Park. The site is adjacent to The Grounds at
Concord Business Park which has landed significant developments. This park is intended to meet the demand of these supporting businesses and help the continued growth of the
Concord Area. In addition to the private development, the proposed project will realign Dwight Place SW further south, in order to create more usable and developable land, which will
ultimately lead to development within the Concord Commerce Park. With the current alignment, the northern portion of the site between Dwight Place SW and Concord Parkway does not
provide adequate space for a facility. The realignment of Dwight Place SW is part of the City of Concord's George W. Liles Parkway Small Area Plan that was adopted August 11, 2022.

4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project will build a spec industrial park for rent to business. This site is adjacent to the Grounds at Concord Business Park, which has landed significant developments including
Eliy Lily manufacturing plant and Red Bull manufacturing plant. These marquee business for the area will need space for their supporting and accessory business to locate near them. This
park is intended to meet the demand of these supporting businesses and help the continued growth of the Concord Area. This application is for Phase I of the overall project, which would
develop an industrial facility in the northeastern portion of the site. The development would also include adequate parking for employees, as well as space for trucks to enter and exit the
site safely and efficiently. The parking lot was designed to also function as a fire lane. Additionally, a stormwater basin would be constructed to the south of the facility to pretreat
stormwater prior to discharge.
In addition to the private development, this application includes the realignment of Dwight Place SW as part of the City of Concord's George W. Liles Parkway Small Area Plan that was
adopted August 11, 2022. The realignment of Dwight Place will be part of the overall Concord Commerce Park. The realignment is necessary to create more developable space within the
Concord Commerce Park and will be realigned to safely and efficiently access sites for future development. The location of the intersection of Concord Parkway and Dwight Place will
remain the same, the realignment will involve a 2-lane roadway continuing south to a 4-way intersection. As part of this project, the roadway will continue west at the intersection to provide
access to a proposed facility, and to the east to provide access to a second proposed facility before continuing offsite to the east. The roadways were designed to provide adequate space
for trucks to enter and exit the proposed industrial facilities within the Concord Commerce Park. The project will be funded by private equity, and later transferred to the City of Concord for
ownership.
ECS conducted a wetland delineation in October 2023 and met with the U.S. Army Corps of Engineers on -site on January 31, 2024. A PJD and AJD were issued on February 20, 2024
and March 7, 2024, respectively. The jurisdictional determinations are included as Attachment A in the supporting documents.
The proposed development for the Phase I development portion of the project would result in 148 linear feet (0.0091 ac) of permanent impacts to Stream 10, an intermittent stream, due to
fill associated with the development of the industrial facility.
The proposed Dwight Place Realignment would result in 149 linear feet (0.010 ac) of permanent impacts to Stream 10, an intermittent stream, due to grading/fill needed to construct the
roadway. Additionally, 66 linear feet (0.005 acre) of temporary impacts to Stream 10 would result from temporary workspace needed to grade and stabilize the lower portion of the slope.
The proposed work would be conducted during under dry conditions, if the stream has flowing water at the time of construction, a dewatering system will be implemented in order to work
under dry conditions.
The proposed project would result in 0.009 acre of permanent impacts to Wetland 4 due to grading slopes associated with the proposed roadway. Additionally, 0.019 acre of temporary
impacts to Wetland 4 would result from temporary workspace needed to grade and stabilize the lower portion of the slopes.
The proposed project would result in 0.081 acre of permanent impacts to Wetland 5 due to grading slopes associated with the proposed roadway. Additionally, 0.053 acre of temporary
impacts to Wetland 5 would result from temporary workspace needed to grade and stabilize the lower portion of the slopes.
Prior to construction, timber mats or a similar material will be placed within the wetlands to minimize soil disturbance. Following construction, the mats/material will be removed to allow the
wetlands to return to natural conditions.
Impact exhibits depicting the permanent stream impacts are included as Attachment B in the supporting documents
The development would be constructed via standard construction procedures. Proper erosion and sediment control measures will be utilized and maintained throughout the duration of the
project. Typical materials and machinery will be used on -site during the construction process.
Please note that two PCNs were previously submitted for the Concord Commerce Park and Dwight Place Realignment as two separate submittals on May 22 & 24, 2024, respectively.
Since then, the Army Corps of Engineers has requested that these projects be combined under one application due to a single applicant for both portions of the project. The application for
the Dwight Place Realignment has been withdrawn and the proposed project will be permitted under Action ID. SAW-2023-02289.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No
Comments:
ECS conducted a wetland delineation, a PJD and AJD were issued on February 20, 2024 and March
7, 2024, respectively. The jurisdictional determinations are attached in the supporting documents.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2023-02289
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Tim O'Halloran, PWS
Agency/Consultant Company: ECS Southeast, LLC
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD issued on February 20, 2024.
AJD issued on March 7, 2024.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
This development is the Phase I portion of the Concord Parkway Commerce Park. Future developments within the commerce park are anticipated within the next 5-7 years. Based on a
pre -application meeting with the Army Corps of Engineers and e-mail correspondence, any future impacts within the Concord Commerce Park will be considered cumulatively by the Army
Corps of Engineers.

Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
Future development may require a NWP, but at the time of this submittal future impacts within the Concord Commerce Park are unknown.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested
2f. Type of Jurisdicition *
?)
2g• Impact
area
W1
Roadway Fill/Grading
P
Headwater Forest
Wetland 4
Yes
Both
0.009
(acres)
W2
Roadway Fill/Grading
P
Headwater Forest
Wetland 5
Yes
Both
0.081
(acres)
W3
Temporary Workspace
T
Headwater Forest
Wetland 4
Yes
Both
0.019
(acres)
W4
Temporary Workspace
T
Headwater Forest
Wetland 5
Yes
Both
0.053
(acres)
2g. Total Temporary Wetland Impact
0.072
2g. Total Wetland Impact
0.162
2g. Total Permanent Wetland Impact
0.090
2i. Comments:
The proposed project would result in 0.090 acre of permanent wetland impacts, due to associated fill/grading associated with the roadway. Mitigation is
not proposed for the permanent wetland impacts because total permanent impacts are below the required 0.1 acre threshold. The temporary wetland
impacts are due to temporary workspace needed to grade/stabilize the lower portion of the roadway slopes. A filtered French drain will be installed at the
toe of the roadway slope to provide hydrology to the lower portion of Wetland 4.
3. Stream Impacts
F
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
)
Jurisdiction*
length*
S1
Proposed Building
Permanent
Fill
Stream 10
Intermittent
Both
148
Average (feet)
(linear feet)
g2
Roadway Construction
Permanent
Fill
Stream 10
Intermittent
Both
149
Average (faeQ
(linear feet)
S3
Temporary Workspace
Temporary
Other
Stream 10
Intermittent
Both
66
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
297 66
31. Total stream and ditch impacts:
363
3j. Comments:
The proposed project would result in 297 linear feet (0.019 acre) or permanent impacts to Stream 10, due to fill/grading associated with the construction
of the roadway, and 66 linear feet of temporary workspace needed to safely grade the lower portion of the roadway slopes. Work will be conducted under
dry conditions, if water is flowing through Stream 10 during the time of construction, dewatering measures will be implemented to work under dry
conditions. Mitigation is not proposed for the permanent stream impacts because total permanent impacts are below the required 0.02 acre threshold.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization

la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The building layouts have been oriented to avoid stream and wetland impacts as much as possible. Aside from the parking area that is required to meet
minimum parking spaces, no other impacts are associated with the buildings or private developments. The location of the proposed building is situated
to provide ease of access to Concord Parkway, and the proposed roadway that will be developed within the Concord Commerce Park will also provide
access directly to Roberta Church Road.
The realignment of Dwight Place was positioned to avoid and minimize impacts to streams and wetlands as much as possible, while leaving adequate
space for the development of industrial facilities. A filtered French drain will be installed within the roadway to provide hydrology the lower portion of
Stream 10 that will not be impacted. Grading slopes were reduced to prevent further permanent stream and wetland impacts. The temporary workspace
within the streams and wetlands is needed to safely grade/stabilize the lower portions of the slopes, but the space was minimized to the greatest extent
practicable needed to provide enough space for contractors to work safely and effectively. Prior to commencing worth within the wetlands, timber mats or
a similar material will be placed within the temporary workspace to minimize soil disturbance. Following construction, the mats/material will be removed
to allow the wetlands to return to natural conditions. Work will be conducted under dry conditions, if water is flowing through Stream 10 during the time of
construction, dewatering measures will be implemented to work under dry conditions.
The proposed project has been planned and engineered to avoid aquatic resources to the greatest extent practicable. Where avoidance was not
feasible, proposed impacts were minimized during the siting, planning, and engineering phases of the project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The development will be constructed via standard construction procedures. Appropriate construction techniques will be used, and erosion and sediment
control measures will be put in place prior to beginning construction activities, and will be implemented accordingly to minimize potential sedimentation
and other potential project -related activities. Efforts will be made throughout the construction phases to minimize the extent and duration of project
related disturbances to water resources.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Mitigation is not proposed for the permanent stream stream impacts because total permanent impacts are below the required 0.02 acre threshold. Mitigation is not proposed for the
permanent wetland impacts because total permanent impacts are below the required 0.1 acre threshold.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
O
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is located in the Yadkin Pee Dee River Basin, which is not subject to the NC Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Concord NPDES Phase II
Comments:
The stormwater management planned will be submitted to and reviewed by the City of Concord's stormwater department, which follows the National Pollution Discharge Elimination
System (NPDES) program. The NPDES program established a comprehensive two-phase approach to managing stormwater discharges. Phase I of the program required permits for
municipal separate storm sewers (MS4s) serving populations greater than 100,000 people and for stormwater discharges associated with industrial activities. Phase II requirements of the
NPDES program applied to all non point source discharges of stormwater from small MS4s with populations less than 100,000. Implementation of the NPDES phase I and II permitting
program was delegated to the NC Division of Water Quality (DWQ), which designated that Concord be brought into the program as an owner of an MS4.
G. Supplementary Information O
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No

2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality? *
Yes No
3b. If you answered "no," provide a short narrative description.
This is a single and complete project. The future phases of the project will be separate.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Wastewater will be handled by the City of Concord's wastewater treatment facility.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
IPaC and consultation with USFWS and NCNHP. The USFWS concurrence email and the Biological Opinion Request are included as Attachment C in
the supporting documents.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NCHPO database and consultation with the SHPO. Based on the response from the SHPO (ER-23-2080), the agency conduced a review of the project
and are aware of no historic resources that would be affected by the project. The SHPO concurrence letters is included as Attachment D in the
supporting documents attachment.
8. Flood Zone Designation (Corps Requirement)

8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8c. What source(s) did you use to make the floodplain determination?"
FEMA FIRM Panel 3710551900K, eff. 11/16/2018
The overall site has mapped flood zones but will not be impacted by development.
Miscellaneous
0
u
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
SAW-2023-02289_PCN_Attachments.pdf 56.16MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Timothy O'Halloran
Signature
i~itlft�TAW &,~hoer
Date
7/17/2024
U