20141310 Ver 2_More Information Received_20200324

SYnF.
Staff Review
Does this application have all the attachments needed to accept it into the review process?
(-- Yes C No
ID#* Version*
20141310
Is this project a public transportation project?* C Yes
r No
Reviewer List:* Sue Homewood:eads\slhomewood
Select Reviewing Office:* Winston-Salem Regional Office - [phone]
Does this project require a request for payment to be sent?*
C
Yes
No

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: r
New Project
r
New Project w Existing ID
r
Pre -Application Submittal
r
More Information Response
r
Other Agency Comments
r
For the Record Only (Courtesy Copy)
r
Stream or Buffer Appeal
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Is this supplemental information that needs to be sent to the Corps?*
r Yes r No
Project Contact Information
Name: Bob Zarzecki
Vft is subrritting the inforrration?
Email Address: [e-mail]
Project Information
Existing ID #: Existing Version:
20141310 2
20170001(no dashes)
Project Name: McConnell Center Lot 9, Greensboro, Guilford County, NC
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Guilford
Please upload all files that need to be submited.
Oickthe upload button or drag and drop files here to attach document
McConnell Center_RESP0NSE_24Mar2020.pdf 9.31MB
Only pdf or Iv17 files are accepted.

Describe the attachments:
Additional information provided in response to the USACE Request for Additional Information email sent on
February 27, 2020.
Sign and Submit
P By checking the box and signing box below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this 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 online form."
Signature:
Submittal Date: Is filled in autorratically.

Bob Zarzecki
From: Alexander Elkan <[e-mail]>
Sent: Tuesday, March 24, 2020 3:09 PM
To: Bailey, David E CIV USARMY CESAW (USA); Homewood, Sue
Cc: Pete Goria; Bob Zarzecki
Subject: FW: [External] Request for Additional Information - McConnell Center Lot 9,
Greensboro, Guilford County; SAW-2018-02038
Attachments: McConnell Center - Lot 9 SAW-2013-02235 PCN_(signed).pdf; SAW-2018-02038
TOLLING AGREEMENT (signed).pdf, McConnell Center Lot 9 Site Plan Justification
Overview.pdf, 19-061_DESIGN_C3D20-EXH 1.pdf, 19-061_DESIGN_C3D20-EXH WL 3.pdf,
19-061_DESIGN_C3D20-EXH WL 4.pdf
Importance: High
David and Sue:
Please see below and attached our response and additional information to the USACE Request for Additional
Information email received on February 27, 2020.
1) Please sign the PCN (last page of PCN form; currently includes full name and date, but no signature);
RESPONSE — See attached signed "McConnell Center — Lot 9 SAW-2013-02235 PCN (signed)".
2) Given that the PCN was submitted in an effort to resolve a portion of an unauthorized activity action by
the Corps, please review and sign the attached Tolling Agreement. Please let me know if you have any
questions about this document, as coordination with our Office of Counsel will likely be required;
RESPONSE — See attached signed "SA W-2018-02038 TOLLING AGREEMENT (signed)".
3) Please provide additional information to enable full evaluation of avoidance and minimization
measures consistent with NWP 39 General Conditions 23(a) and (b), including a description of why the
proposed facility requires 288,000 sq. ft. and a justification for the number and type of parking spaces.
If no end -user has been identified for the proposed facility, it would be useful to describe what type(s)
of tenants would be expected to use the site and their typical size/infrastructure requirements;
RESPONSE — See attached "McConnell Center Lot 9 Site Plan Justification Overview".
4) On the project plans, please clearly show the outlet of the proposed stormwater management
facilities;
RESPONSE — See attached "19-061_Design C3D20-EXH 1" overall site plan.
5) Please include additional details on the wetland restoration plan. Specifically:
a. Timeline for work completion;

RESPONSE — The applicant believes that all work associated with the wetland restoration and
pond breach plans can be completed within 120 days of receipt of both the USACE and DWR
approvals. The other permitted impacts, site grading and project development are
anticipated to be completed prior to the expiration of the Nationwide Permit (March 2022).
b. Note that restoration target elevations should vary based on the QL2 LiDAR data that was flown
prior to the area being filled. For example, wetland restoration grades in the northern section
of the wetland restoration area would match approximately elevation 708 ft. However, wetland
restoration grades in the southern section of the wetland restoration area should match closer
to approximately elevation 704 ft. Please amend the wetland restoration plan to account for
these changes in target grade, and note that target grades should also be based on matching
adjacent non-filled/graded wetland grades throughout the area;
RESPONSE — See attached "19-061 DESIGN C3D20-EXH WL3" wetland restoration plan sheet
including "Wetland Restoration Notes and Planting Plan — Soil Preparation". Notably; "The
original area where undocumented fill was placed was not stumped or graded prior to placing
the undocumented fill. To the extent practicable, return the area to existing grade where
existing topsoil, stumps, etc. can be found. Removal of existing topsoil and other vegetation
should be avoided where practicable." The applicant believes that using this field verification
method identifying the original stumps, topsoil and organic layer will restore the area as close
to pre-existing elevations as practicable.
c. How will soils currently under fill in the 1.58-acre non -permitted fill -to -be -removed area be
prepped/amended to provide a greater chance of wetland restoration success? Typical
measures include tilling/ripping to reduce compaction, slight over -excavation to allow for soil
amendment needs including adding topsoil or mulch and still meet target grades, incorporation
of soil amendments into restoration -grade soils, etc.
RESPONSE — See attached "19-061 DESIGN C3D20-EXH WL3" wetland restoration plan sheet
including "Wetland Restoration Notes and Planting Plan — Soil Preparation". Notably; "Scarify
the surface and apply seed and soil amendments as directed below. Apply straw mulch after
seeding is complete."
d. As discussed and agreed -to in our teleconference on 9/3/2019, please provide details on the
removal of the existing water control structure and breaching of the pond dam, including
timing, sequencing, and stabilization/restoration of these areas;
RESPONSE — See attached "19-061 DESIGN C3D20-EXH WL4" pond breach plan including
"Dam Breach/Pond Drain Notes".
e. Please provide specifics on the wetland seed mix to be used in the wetland restoration area;
RESPONSE — See attached "19-061 DESIGN C3D20-EXH WL3" wetland restoration plan sheet,
notably "Wetland Restoration Notes and Planting Plan — SPECIES" table.
f. Please provide a monitoring plan to ensure success of the wetland restoration area. The first
monitoring report should include an as -built survey to ensure that target elevations were met,
including comparisons with elevations of those areas within the pond bottom that were not

filled or graded. Monitoring efforts should include specific photo points from at least 3
locations within the wetland restoration area, and would be required annually (in addition to
the first report mentioned above) for 3 years following post -construction confirmation from the
Corps that the wetland restoration work was completed according to the approved plan.
RESPONSE — See attached "19-061 DESIGN C3D20-EXH WL3" wetland restoration plan sheet,
notably "Wetland Monitoring Plan".
We believe this additional information should be sufficient to complete review of the project application.
But, please do not hesitate to contact us if you have any questions or require additional information or
clarification.
Thank you.
Alex
Alexander Elkan, Partner
B RO 0 K S..
PIERCE
FOUNDED [897
t: 336.271.3134
f: 336.232.9034
2000 Renaissance Plaza
230 North Elm Street
Greensboro, NC 27401
P.O. Box 26000 (27420)
From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Wednesday, March 4, 2020 11:16 AM
To: Alexander Elkan <[e-mail]>; Homewood, Sue <[e-mail]>; Bob
Zarzecki <[e-mail]>
Cc: Pete Goria <[e-mail]>
Subject: RE: [External] Request for Additional Information - McConnell Center Lot 9, Greensboro, Guilford
County; SAW-2018-02038
Understood, Alex. Thanks.
-Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R

3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 30.
Fax: [phone]
Email: [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service
Survey is located at: http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0
Thank you for taking the time to visit this site and complete the survey.
From: Alexander Elkan <[e-mail]>
Sent: Tuesday, March 3, 2020 11:18 AM
To: Homewood, Sue <[e-mail]>; Bob Zarzecki <[e-mail]>
Cc: Pete Goria <[e-mail]>; Bailey, David E CIV USARMY CESAW (USA)
<[e-mail]>
Subject: [Non-DoD Source] RE: [External] Request for Additional Information - McConnell Center Lot 9,
Greensboro, Guilford County; SAW-2018-02038
Thank you, David and Sue. We are actively working to gather the information requested and develop
materials to submit in response. We look forward to doing so as soon as possible.
Alex
Alexander Elkan, Partner
BRO0
PIERCE
FOUNDED 1897
t: 336.271.3134
f: 336.232.9034
2000 Renaissance Plaza
230 North Elm Street
Greensboro, NC 27401
P.O. Box 26000 (27420)
From: Homewood, Sue <[e-mail]>
Sent: Tuesday, March 3, 2020 11:14 AM
To: Bob Zarzecki <[e-mail]>; Alexander Elkan <[e-mail]>
Cc: Pete Goria <[e-mail]>; [e-mail]
Subject: RE: [External] Request for Additional Information - McConnell Center Lot 9, Greensboro, Guilford
County; SAW-2018-02038
[EXTERNAL]

on
Please copy me when you respond to these items. I will consider place the application "on hold" until receipt
of these items.
Thankyou
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
:. f... . .....;:. ..
From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Thursday, February 27, 2020 1:21 PM
To: Bob Zarzecki <[e-mail]>
Cc: Homewood, Sue <[e-mail]>; Pete Goria <[e-mail]>; Alexander Elkan
<[e-mail]>
Subject: [External] Request for Additional Information - McConnell Center Lot 9, Greensboro, Guilford County;
0ATIT9K13E:to] 1001101:3
External email. Do not click links or open attachments unless you verify. Send all suspicious email as
attachment to
on
Thank you for your PCN and attached information, dated 1/31/2020, for the above referenced project. I have
reviewed the information and need clarification before proceeding with verifying the After -the -Fact use of
Nationwide Permit (NWP) 39 (Blockedhttp://saw-reg.usace.army.mil/NWP2017/2017NWP39.pdf). Please
submit the requested information below (via e-mail is fine) within 30 days of receipt of this Notification,
otherwise we may deny verification of the use of the Nationwide Permit or consider your application
withdrawn:
1) Please sign the PCN (last page of PCN form; currently includes full name and date, but no signature);
2) Given that the PCN was submitted in an effort to resolve a portion of an unauthorized activity action by
the Corps, please review and sign the attached Tolling Agreement. Please let me know if you have any
questions about this document, as coordination with our Office of Counsel will likely be required;
3) Please provide additional information to enable full evaluation of avoidance and minimization
measures consistent with NWP 39 General Conditions 23(a) and (b), including a description of why the

proposed facility requires 288,000 sq. ft. and a justification for the number and type of parking spaces.
If no end -user has been identified for the proposed facility, it would be useful to describe what type(s)
of tenants would be expected to use the site and their typical size/infrastructure requirements;
4) On the project plans, please clearly show the outlet of the proposed stormwater management
facilities;
5) Please include additional details on the wetland restoration plan. Specifically:
a. Timeline for work completion;
b. Note that restoration target elevations should vary based on the QL2 LiDAR data that was flown
prior to the area being filled. For example, wetland restoration grades in the northern section
of the wetland restoration area would match approximately elevation 708 ft. However, wetland
restoration grades in the southern section of the wetland restoration area should match closer
to approximately elevation 704 ft. Please amend the wetland restoration plan to account for
these changes in target grade, and note that target grades should also be based on matching
adjacent non-filled/graded wetland grades throughout the area;
c. How will soils currently under fill in the 1.58-acre non -permitted fill -to -be -removed area be
prepped/amended to provide a greater chance of wetland restoration success? Typical
measures include tilling/ripping to reduce compaction, slight over -excavation to allow for soil
amendment needs including adding topsoil or mulch and still meet target grades, incorporation
of soil amendments into restoration -grade soils, etc.
d. As discussed and agreed -to in our teleconference on 9/3/2019, please provide details on the
removal of the existing water control structure and breaching of the pond dam, including
timing, sequencing, and stabilization/restoration of these areas;
e. Please provide specifics on the wetland seed mix to be used in the wetland restoration area;
f. Please provide a monitoring plan to ensure success of the wetland restoration area. The first
monitoring report should include an as -built survey to ensure that target elevations were met,
including comparisons with elevations of those areas within the pond bottom that were not
filled or graded. Monitoring efforts should include specific photo points from at least 3
locations within the wetland restoration area, and would be required annually (in addition to
the first report mentioned above) for 3 years following post -construction confirmation from the
Corps that the wetland restoration work was completed according to the approved plan.
Please let me know if you have any questions.
Sincerely,
Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 30.
Fax: [phone]
Email: [e-mail]

We would appreciate your feedback on how we are performing our duties. Our automated Customer Service
Survey is located at: Blockedhttp://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0
Thank you for taking the time to visit this site and complete the survey.
Confidentiality Notice:
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to the intended recipient, any disclosure of this information in any way or taking of any action in reliance on
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DWR
ptdslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
September 29, 2018 Ver 3
Please note: fields marked with a red asterisk below are required. You tndll not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://educs.deq.nc.gov/N/ate rResou rces/0/edoc/624704/PCN%20Help%2OFile%202018-1-30.pdf
A. Processing Information V
County (or Counties) where the project is located:*
Guilford
Is this project a public transportation project?*
t- Yes C-- No
This is any publidy funded by rmoicipal,state or federal funds road, rail, airport transportation project.
1a. Type(s) of approval sought from the Corps:*
fJ Section 404 Permit (wetlands, streams and waters, Clean Water Act)
li Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?*
Nationwide Permit (NWP)
r Regional General Permit (RGP)
1- Standard (IP)
This form may be used to initiate the standard/individual permit process with the Corps. Please contact your Carps representative concerning submittals for standard permits. Al required items that
are not provided in the E-PCN can be added to the miscellaneous upload area located at the bottom of this form.
1c. Has the NWP or GP number been verified bythe Corps?*
F Yes f No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
List all l\W numbers you are applying for not on the drop dow n list
1d. Type(s) of approval sought from the DWR:*
check all that apply
r 401 Water Quality Certification - Regular
r Nan-404 Jurisdictional General Permit
r Individual Permit
39 - Commercial/Instituticnal Developments
le. Is this notification solelyfor the record because written approval is not required?
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
*
For the record only for DWR401 Certification: r Yes r No
For the record only for Corps Permit: r Yes r No
1f. Is this an after -the -fact permit application?*
r-- Yes O No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r so, attach the acceptance letter from mfigation bank or in -lieu fee program
P Yes O No
Acceptance Letter Attachment
Click the upload button or drag and drop files hereto attach document
McConnell Center Lot 9 - SOA (RS)(reserved).pdf
McConnell Center Lot 9 - SOA (Wildlands).pdf
FILETYFEUSTBEF17F
143.61 KB
161.08KB

I h. Is the project located in any of NC's twenty coastal counties?*
C Yes (-- No
1j. Is the project located in a designated trout watershed?*
C Yes 0 No
Link to trout information: http://wwvv.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx
B. Applicant Information U
1a. Who is the Primary Contact?*
S&EC, PA- Bob Zarzecki
1c. Primary Contact Phone:*
16. Primary Contact Email:*
(xxx)xxx-xxxx
[e-mail]
[phone]
1d. Who is applying for the permit?*
P Owner
r Applicant (other than owner)
(Oieck all that apply)
le. Is there an Agent/Consultant far this project?
( Yes r No
2. Owner Information
2a. Name(s) an recorded deed:*
Goria Youngs Mill, LLC
2b. Deed book and page no.:
Book 7427 & Page 2495
2c. Responsible party:
(for Cnrporafions)
Pierre A. Goria
2d. Address*
Street Address
PO Box 39
Address tine 2
cry
State I Province I Region
McLeansville
NC
Postal / Zip Cade
Cauntry
27301
USA
2e. Telephone Number:*
(xxx)xxx-xxxx
[phone]
2f. Fax Number:
(xxx)xxx-xxxx
2g. Email Address:*
petegoria1 @gmail.com
4. Agent/Consultant (if applicable)
4a. Name:*
Bob Zarzecki
4b. Business Name:
(if applicable)
Soil & Environmental Consultants, PA
4c. Address*
Street Address
8412 Falls of Neuse Road
Address tine 2
Suite 104
cry
State I Province I Region
Raleigh
NC
Festal / Zip Code
Country
27615
USA

4d. Telephone Number:* 4e. Fax Number:
[phone] [phone]
(xxx)xxx-xxxx (xxx)xxx-xxxx
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Please provide the Agent Author¢aton Letter if you are submtting this docuncnt.
McConnell Center Lot 9 - Goria-S&EC Agent Authorization.pdf 732.46KB
RETYPE M-9F BE P F
C. Project Information and Prior Project History U
1. Project Information
la. Name of project:*
McConnell Center - Lot 9
1b. Subdivision name:
(if appropriate)
McConnell Center Industrial Park
1 c. Nearest municipality/ town:*
Greensboro, INC
2. Project Identification iJ
2a. Property Identification Number:
2b. Property size:
(tax FIN a parcel ID)
(in acres)
7894101021
27.95
2c. Project Address
Street Address
1299 Youngs Mill Road
Address Line 2
. Note: Alternate entrance to Lot 9 is thru Lot 1 off McConnell Center Drive.
dty
State / Province I Region
Greensboro
NC
Festal / Zip Cade
Country
27406
USA
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was
determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude:* Longitude:*
36.056257-079.705067
ex: 34.208504-77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Little Alamance Creek (Stream Index No. 16-19-3-(0.5))
3b. Water Resources Classification of nearest receiving water:*
WS-IV; NSW
Surface Water Lookup
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.*
030300020302
River Basin Lookup
4. Project Description and History
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 site consists of Lot 9 of the existing McConnell Center industrial park and is currently zoned for the proposed use. The site is currently mostly cleared and graded and has an active
N.C. DEMLR Erosion & Sedimentation Control Plan Approval. A pond on the property was permitted by DEMLR for use as an NPDES sediment basin and waste area for grading work
initially occurring on Lot 1. The majority of the remaining lots within the industrial park along McConnell Center Drive are already developed and have active warehouse distribution
centers for companies such as Coca-Cola Bottling Co., O'Reilly Auto Parts, Wayfair and others. Interstate 40 abuts the northern property line. Candice Ridge residential subdivision is
located to the south.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
F Yes r Nor Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
Please refer to the attached "McConnell Center Lot 9 Project History". This project history includes permits for Lot 1 as well, which we understand will be cumulative to the impacts
requests in this application. Those permits include USACE NWP39 verification SAW-2013-02235 and NC DWR 14-1310 for impacts to resulting in 140 LF of stream and 0.018 acres of
wetlands.
Project History Upload
Clickthe upload button or drag and drop files hereto attach occurrent
McConnell Center Lot 9 - Project History (reduced).pdf
Fie type mist be FDF
3.18MB
4d. Attach an 8 112 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Click the upload button a drag and drop files here to attach docurrent
McConnell Center Lot 9 - USGS.pdf 772.6KB
Fie type mist be pdf
4e. Attach an 8 112 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Click the upload button or drag and drop files here to attach docurrent
McConnell Center Lot 9 - Soil Survey.pdf 631.56KB
Fie type must be pdf
4f. List the total estimated acreage of all existing wetlands on the property:
3,640
4g. List the total estimated linear feet of all existing streams on the property:
(interndtent and perennial)
2.76
4h. Explain the purpose of the proposed project:*
Commercial - The purpose of the project is to complete construction of the existing McConnell Center industrial park.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The overall project, being the development on Lot 9, includes the construction of an industrial warehouse building and associated parking, stormwater management and infrastructure.
Heavy equipment will be used such as excavators, bull dozers and dump trucks typically used for such construction.
4j. Please upload project drawings for the proposed project.
gickthe upload button or drag and drop files hereto attach docurrent
McConnell Center Lot 9 - IMPACT MAPS & Wetland Restoration Plan (rev. 12-6-19).pdf 2.74MB
Fie type mrst be pdf
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
c Yes r No C' Unknown
Comments:
The jurisdictional WOTUS depicted on the attached permit drawings are a combination of site
survey located wetlands and streams and GIS overlaid areas provided from the USACE (in areas
inaccessbile due to fill).
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
f- Preliminary r Approved r Not Verified r Unknown !- WA
Corps AID Number:
Exarmle: SANF2017-99999
SAW-2018-02038 describes the jurisdictional WOTUS that exist or are believed to have existed on
the site.
So. If Sa is yes, who delineated the jurisdictional areas?
Name (if known): Dave Bailey
Agency/Consultant Company: USACE
Other: initial delineation performed by ECS Southeast, LLC
5d1. Jurisdictional determination upload
gickthe upload button or drag and drop files hereto attach docurrent
McConnell Center Lot 9 - ECS_PJD Request_06.14.2018 (reduced).pdf 7.51 MB
Fie type must be FOF
6. Future Project Plans
6a. Is this a phased project?*

F Yes r- No
7b. If yes, explain.
This site being Lot 9 as lot with the ebsting McConnell Center industrial park.
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? This
includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification.
No. The proposed impacts to WOTUS requested in this application are the last remaining anticipated for the industrial park.
D. Proposed Impacts Inventory
1. Impacts Summary
Ia. Where are the impacts associated with your project? (check all that apply):
P Wetlands r Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
"W." will be used in the table below to represent the word "wetland".
Lot 9 -Perm.
Total Wetland
Impact
2af Reason*(?1
Industrial Lot Fill
2b. Impact type*(?)
P
2c. Type of W.
Headwater Forest
2d. W. name*
Wetland Impact
2e. Forested*
Yes
2f. Type of
Jurisdicition*(')
Both
2g. Impact
area
0.400
(acres)
Lot 9 -
Temporary
Wetland Impact
Temporary Construction
Access
T
Headwater Forest
Temporary Wetland
Impacts
Yes
Both
D.040
(acres)
2g. Total Temporary Wetland Impact
0.040
2g. Total Permanent Wetland Impact
0.400
2g. Total Wetland Impact
0.440
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted.
"S." will be used in the table below to represent the word "stream".
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*
Sf
Industrial Lot Fill Permanent Fill Western TributaryIntermittent 2 547 Both
Average (feet) (linearfeet)
— All Perennial or Intermittent streams must be verified by DWR or delegated local government.
3i. Total jurisdictional ditch impact in square feet:
D
3i. Total permanent stream impacts:
547
3i. Total temporary stream impacts:
D
31. Total stream and ditch impacts:
547
3j. Comments:
The stream was identified by the USACE during a site visit on April 26, 2004 as a jurisdictional tributary, but believed to be a low quality intermittent or
possibly ephemeral stream. The applicant requests a waiver from the 300 LF threshold as allcved within NWP39. We understand that the USACE has
adequate field notes and information pertaining to this stream to complete their review of this request.
E. Impact Justification and Mitigation

1. Avoidance and Minimization
fa. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:*
The owner was aware of the jurisdictional stream that was diverted around the pond many years ago, but vas unaware as to the jurisdictional nature
of the pond itself or the eAstance of the smalller western tributary stream. The owner obtained permits for a stream crossing on Lot 1 and during the
development of that crossing obtained multiple Erosion & Sedimentation Control Plan approvals from NC DEMLR to include the use of the pond as an
NPDES sediment basin and waste area, which was modified and approved to include additional waste area to the west of the pond in the area of the
previously ebsting western tributary stream. The owner was made aware of the jurisdictional nature of the pond and western tributary when they
received the October 25, 2018 USACE Notice of Unauthorized Discharge of Fill into WOTUS. Since that time the owner has worked with the USACE,
DWR and their representatives to resolve the unauthorized discharge. Part of this resolution resulted in the attached permit drawings which minimize
impacts to the wetlands within the jurisdictional pond area to 0.4 acres. Unfortunately the lot cannot he practically developed and avoid the pre-
eAsting western tributary. The owner has proposed a Wetland Restoration Plan as described in the attached permit drawings to remove non -
authorized fill from approbmately 1.58 acres of pre-ebsting wetlands, return the area to original grades (+/- elevation of 708) and plant with a wetland
seed mix The project also was designed to stay within the footprint of ebsting stream crossings. Retaining walls are also included in the design to not
only stay within the footprint of the ebsting stream crossings, but also minimize wetland impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:*
The owner has obtained an Erosion & Sedimentation Control Plan in the past and will obtain any necessary revisions to this plan resulting from the
hopeful approval of the attached permit drawings. The proposed project includes past construction stormwater management to help protect
downstream waters.
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?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
r DWR r7o Corps
2d. If yes, which mitigation option(s) will be used for this project?
rJ Mitigation bank r Payment to in -lieu fee r- Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Restoration Systems - Motes Creek, Orphan Creek & Rocky Top Mitigation Banks (totalling 0.6
acres) & Wildlands Holdings Cane Creek U.M.B. Bethel Branch Site
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.8
Attach Receipt and/or letter
Qickthe upload button or drag and drop files hereto attach dxunent
McConnell Center Lot 9 - SOA (RS)(reserved).pdf 143.61 KB
McConnell Center Lot 9 - SOA (Wildlands).pdf 161.08KB
RETYPE MJST BE PCF
3c. Comments
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBriS website.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
6 Yes 0 No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
*** Recent changes to the stormwater rules have required updates to this section .***
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
C Yes r No
1b. All buffer impacts and high ground impacts require diffuse flow or other form of Stormwater treatment. If the project is subject to a state implemented riparian buffer protection
program, include a plan that fully documents how diffuse flow will be maintained.
All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be
provided.
What type of SCM are you providing?

r- Level Spreader
r- Vegetated Conveyance (lower SHWT)
r- Wetland Swale (higher SHWT)
F Other SCM that removes minimum 30% nitrogen
r- Proposed project will not create concentrated stormwater flow through the buffer
(check all that apply)
For a list of options to meet the diffuse flow requirements, click here.
Diffuse Flow Documentation
Click the upload button a drag and drop files here to attach docurrent
Fie type crust be FCF
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOTs Individual NPDES permit NCS000250?*
C Yes r No
2b. Does this project meet the requirements for low density projects as defined in i5ANCAC 02H .1003(2)?*
C Yes C No
To look up low density requirement click here 15A NCAC 02H.1003(2).
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?*
r Yes f No
Hnt prgects that have vested rights, exemptions, or grandrathering fromstate a locally ioplemented statrwater programs a- projects that satisfy state or locally-inplerrented storm water programs through use of connunity inaieu programs should answer no
to this question.
2d. Which of the following stormwater management program(s) apply (check all that apply):*
r Local Government r State
If you have a local government approval please include the SlvPon their overall inpact rep.
Local Government Stormwater Programs*
rJ Phase II rJ NSW
r USMP r Water Supply
Please identifywhich local government stormwater prog ram you are using.*
Greensboro
Comments:
The stormwater management BMP has yet to be fully designed, but has been approximately sized and located on the plans and will be in compliance with all applicable delegated
stormwater management requirements.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federallstate/local) funds or the use of public (federallstate) land? *
r Yes r 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 21-1.1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes t- No
2b. If you answered "yes" to the above question, provide an explanation of the violation(s):
Please refer to the attached "Project History". The site was not issued an actual NOV from DWR, but was from the USACE. If approved, this ATF
application should bring the site into full compliance with both USACE and DWR regulations.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?*
C Yes r No
3b. If you answered "no," provide a short narrative description.
While the site is an industrial lot and anticipated warehouse, it's already rezoned and located within an existing and active industrial park adjacent to
and with abuttting access to a major interstate highway (1-85). No additional development is anticipated to result from the completion of construction on
this lot which could impact nearby downstream water quality.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
t: Yes r' No r WA
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 from the site will be discharged to the eAsting Greensboro sanitary sewer system already accessible to the property. The City and DEQ
veil ensure that adequate capacity emsts.
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 r• No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
t- Yes (-- No
5d. Is another Federal agency involved?*
C Yes No
5e. Is this a DOT project located within Division's 1-8?*
r Yes 6 No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?*
6' Yes C No
5g. Does this project involve bridge maintenance or removal?*
C Yes F No
Link to the NLEB SLOPES document: http://saw�-reg.usace.army.mil/NLEB/1-30.17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the constructionlinstallation of a wind turbine(s)?'*
r Yes No
6 Unknown
Si. 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.7*
r Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?*
USFWS IPAC & N.C. Natural Heritage Program Databases - A search of NHP confirmed no known elemental occurrences for Federally protected
endangered or threatened species within a one (1) mile buffer around the site.
Consultation Documentation Upload
Click the upload button or drag and drop files here to attach dwunent
Fie type trust be FCF
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
C Yes r• No
66. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
NOAA- EFH Mapper; The project is located vsthin the Piedmont of NC, far from any EFH areas.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/
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 (e.g., National Historic
Trust designation or properties significant in North Carolina historyand archaeology)?*
r Yes (-- No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC SHPO HPO-WEB
7c. Historic or Prehistoric Information Upload
(lick the upload button or drag and drop files hereto attach docurrent
McConnell Center Lot 9 - SHPO.pdf
Fie rust be FCF
8. Flood Zone Designation (Corps Requirement)
Link to the FEMAFloodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEM/t-designated 100-year floodplain?*
C Yes C No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Mapping & FEMA DFIRM (see attached)
Miscellaneous
280.2KB

Comments
Miscellaneous attachments not previously requested.
Qickthe upload button or drag and drop files hereto attach docurtert
McConnell Center Lot 9 - FEMApdf 368.04KB
Fie rust be Rx or IZE
Signature U
P By checking the box and signing below, I certify that:
• 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:*
Bob Zarzecki
Digitally signed by Bob Zarzecki
Bob
DN: cn—Bob Zarzecki, o—Soil &
VK
Signature
Environmental Consultants, PA,
Sign
o,—Wetlands Department,
Zarzeckiemail=[e-mail],c=US
Date
Date: 2020.02.27 16:25:46-05'00'
113l /2020

TOLLING AGREEMENT
WHEREAS, the United States of America, on behalf of the United States Army
Corps of Engineers (Corps) may file a complaint against Goria Youngs Mill, LLC
("potential defendant(s)") for, inter alia alleged violations of Sections 301(a), 309, &
404 of the Clean Water Act ("MA"), 33 U.S.C. Sections 1311(a), 1319, & 1344 and/or
Section 9, 10, or 13 of the Rivers and Harbors Act of 1899, 33 U.S.C. Sections 401, 403,
or 407, and/or Ocean Dumping Act Sections 101 and/or 103 (33 U.S.C. 14 t 1, 1413), at a
site commonly known as McConnell Center Lot 9;
WHEREAS, the purpose of any such complaint would be to obtain appropriate
injunctive relief and to impose appropriate civil or criminal penalties for potential
defendant'(s) alleged violations of the statute(s) cited above;
WHEREAS, the Corps accepted an afterthefact (ATF) permit application from the
potential defendant(s) in an attempt to settle the above claims;
WHEREAS, both parties believe that their interests will best be served by
continuing the ATF permit process without the disruption that might be occasioned
should the United States file a complaint in the immediate future;
AND WHEREAS both parties acknowledge the requirement found at 33 C.F.R.
331.11(c) for an applicant for an ATF permit to provide a signed tolling agreement;
THEREFORE, the United States and potential defendant(s) stipulate and agree as
follows:
1. The United States and potential defendant(s) agree that the time between the
acceptance by the Corps of the ATF permit application and the final Corps decision (as
defined at 33 CFR 331.10), plus one year thereafter, will not be included in calculating
any statute of limitations that might be applicable to the alleged statutory violation(s)
described above. Potential defendants agree not to assert, plead, or raise in any fashion
on behalf of any party, whether by answer, motion, or otherwise, any defense or
avoidance based on the running of any statute of limitations that may apply during that
period or any defense or avoidance based on laches or other principle concerning the
timeliness of commencing a civil action, based on the failure of the United States to file
its complaint during that period.
2. Potential defendants further agree not to transfer the property in question
during the pendency of this tolling agreement nor during the pendency of any civil action
brought as described above, without first notifying the United States and giving the
United States a reasonable opportunity to oppose such transfer.
3. Nothing in this tolling agreement shall restrict or otherwise prevent the
United States from filing a complaint regarding any alleged statutory violation(s) not
described above, at any time.
4. This tolling agreement does not constitute any admission of liability on the
part of potential defendants; nor does it constitute any admission or acknowledgment on
the part of the United States that any statute of limitations has run or that any statute of
limitations is applicable to the statutory claims described above.
5. This tolling agreement contains the entire agreement between the parties, and
no statement, promise or inducement made by any party to this agreement, or any agent
of such parties, that is not set forth in this agreement shall be valid or binding. This
tolling agreement may not be enlarged, modified or altered except in writing signed by
the parties. This tolling agreement may be executed in counterparts.

FOR the United States of America:
District Counsel DATE
Wilmington District, U.S. Army Corps of Engineers
FOR ("potential defendant(s)")
�aRi 4�QS /1J. LG L��
DATE 31 e'7/a p

McConnell Center Lot 9 Site Development Plan Justification Overview
McConnell Center is an existing, successful industrial park located on the east side of Greensboro, North
Carolina, near Interstates 40 and 85. All of the other parcels in the Center have been developed for high -
end, reasonably large-scale manufacturing, distribution, warehousing or other light industrial uses. The
applicant's purpose and need for the project is to complete development of Lot 9 of the McConnell Center
consistent with the existing facilities and in an economically efficient manner for sale to meet market
70 MIif"Is I
McConnell Center Lot 9 is the last undeveloped lot in the Center, which has been successfully developed
for high -end, reasonably large-scale manufacturing, distribution, warehousing and other light industrial
uses. The developed portion of McConnell Center currently has no vacancy, with nine tenants in five
buildings with a total of nearly 1,600,000 square feet. The size of the first three (3) buildings developed
is 300,000 square feet each. Two (2) of these buildings have been expanded to 500,000 square feet and
429,000 square feet, respectively. The most recently constructed building, constructed in 2019, is 233,280
square feet. This building has been leased. The fifth and smallest existing building at McConnell Center
was constructed for a specific user. This building is 135,300 square feet and was built and sized to the
current tenant's particular specifications.
The proposed plan for Lot 9 is to construct a 288,000 square foot industrial building to attract high quality
tenants that require a Class A industrial building with interstate frontage and convenient accessibility. The
plan was developed based on demand and after meetings with city planners, real estate experts, site
engineers and construction professionals. The demand for high bay space with areas designated for car
and trailer parking resulted in the current plan. Clients demand existing space in shorter timeframes than
in the past and McConnell Center has responded to meet that demand. For context, this proposed
building is over 77,000 square feet (21%) smaller than the 365,570 square feet average of the four existing
buildings, which were sold or leased. As it is planned, the relatively small building size is less than the
applicant's preferred minimum size to meet market demand —the average of the Center buildings. Please
also note that the applicant's purpose is to sell the property, not lease, and the planned building size is
much smaller than the average building size of the Center and smaller than any other buildings sold in the
Center —so the applicant is in a challenged position in terms of marketing and sale of the planned building
due to its relatively small size.
Any reduction in the size of the building would not meet the applicant's purpose and need for the project.
Alternative building sizes and configurations were considered, but rejected as not meeting market
demand for building size (smaller building sizes simply would not meet market demand) or otherwise
being infeasible, economically inefficient, or impracticable due to site configuration (for example, due to
site grade or limitations on ingress and egress).
Based on the applicant's knowledge and experience with the McConnell Center development and
otherwise, the proposed building size and configuration is the minimum size and least-environmentally-
impactful layout that will practicably meet the applicant's purpose and need to economically develop the
site to meet market demand for manufacturing, distribution, warehousing or other light industrial uses,
in accord with the portion of the Center that has already been similarly and successfully developed.
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