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HomeMy WebLinkAbout20171527 Ver 2_PCN Form Submission_20200407DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned 20171527 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Sue Homewood:eads\slhom&=od Information for Initial Review 1a. Name of project: Person County Mega Park 1a. Who is the Primary Contact?* Susan Morrison 1b. Primary Contact Email:* susan.morrison@timmons.com Date Submitted 4/7/2020 Nearest Body of Water Story's Creek, Marlowe Creek Basin Roanoke Water Classification C (both) Site Coordinates Latitude: 36.4779 A. Processing Information County (or Counties) where the project is located: Person Is this project a public transportation project?* r Yes r No Longitude: -78.9941 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r 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) • Regional General Permit (RGP) W Standard (IP) Version#* 2 Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 1c. Primary Contact Phone:* (919)532-3260 1c. Has the NWP or GP number been verified by the Corps? r Yes r No 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit W Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - Express r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment DIMS ILF Extension Letter 021320.pdf 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? 4 Yes 4 No B. Applicant Information 1d. Who is applying for the permit? r Owner 9 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Wagstaff, Reaves, Clayton, Eggleston 2b. Deed book and page no.: 2c. Responsible party: 2d.Address Street Address 31 Reams Ave, 1950 Country Club Rd, 1625 Country Club Rd, 1601 Country Club Rd Address Line 2 City Roxboro Postal / Zip Code 27573, 27574 2e. Telephone Number: (336)330-2215 2g. Email Address:* sWlborn@personcountync.gov 3. Applicant Information (if different from owner) 3a. Name: Phillip Allen 3b. Business Name: Person County Business and Industrial Center, Inc. 3c.Address State / Rmime / Region NC Country United States 2f. Fax Number 181.26KB r Yes r No r Yes r No Street Address P.O. Box 1824 Address tine 2 City Roxboro Postal / Zip Code 27573 3d. Telephone Number: (336)330-2215 3f. Email Address:* sWlborn@personcountync.gov 4. Agent/Consultant (if applicable) 4a. Name: Timmons Group 4b. Business Name: 4c.Address Street Address 5410 Trinity Rd, Suite 102 Address tine 2 city Raleigh Fbstal / Zip Code 27607 4d. Telephone Number: (919)532-3260 4f. Email Address:* susan.morrison@timmons.com Agent Authorization Letter* Owner Authorization Letters Combined.pdf State / Rwince / Rion NC Country United States 3e. Fax Number: Slate / Rwince / Region NC Country United States 4e. Fax Number: 1.91 MB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Roxboro 2 Project Identification 2a. Property Identification Number: 2b. Property size: 175 2c. Project Address Street Address Address Line 2 City State / Rwince / Fegion Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Story's Creek, Marlowe Creek 3b. Water Resources Classification of nearest receiving water:* C (both) 3c. What river basin(s) is your project located in?* Roanoke 3d. Please provide the 12-digit HUC in which the project is located. 030101040602 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 proposed Project is situated on approximately 175 acres comprised of both wooded and agricultural fields. Land use surrounding the proposed mega -park is predominately comprised of undeveloped forested lands interspersed with agricultural fields and single family residential homes. The proposed Project is located within the Roanoke watershed (Hydrologic Unit Code [HUC] 03010104) and all surface waters drain to the north to Story's Creek and Marlowe Creek, located along the western and eastern property boundaries, respectively. The Project area is located at the most downstream extent of the Story's Creek subwatershed (HUC 030101040602) and ultimately drains to the Hyco River, downriver of impoundment at Hyco Lake. The Project site contains a 100-year floodplain that is generally located adjacent to the major perennial stream features onsite (Story's Creek and Marlowe Creek). The Land Use Map from the Person County Land Use Plan (2001) designates the Project site and the surrounding lands as Rural Residential/Agricultural. This land use category typically includes low -density residential, agriculture, forestry, churches, and very limited commercial, office, or publiclinstitutional uses. Current land use at the Project site includes both forested and maintained areas. Forested areas on the site are characterized as pine and mixed hardwood communities. Maintained areas at the Project site include agricultural fields used for grazing cattle, one single-family home, and an electrical transmission easement. Land use surrounding the proposed project is predominately comprised of undeveloped forested lands interspersed with agricultural fields and single-family residential homes. Several coal ash ponds are located within the Roanoke River Basin, as is the Project area. The Belews Creek pond is located to the wrest of the Project area in Stokes County, NC, the Roxboro pond is located to the west of the Project area in Person County, NC, and the Mayo pond is located to the northeast of the Project area in Person County, NC along the North CarolinaNirginia border. The Belews Creek and Roxboro ponds are upstream of the project area while the Mayo pond is downstream of the project area. The property is currently zoned RC -Rural Conservation. The proposed use for a semiconductor chip manufacturing is consistent with the current zoning and is considered a permitted use -by -right (Industrial and Manufacturing Operations, Light Industrial). The RC district is the least restrictive zoning district in the County, permitting almost any use with no standards in place to provide physical buffers between uses. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Figure 1 - VIC.PDF 1.2MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Figure 5 - NRCS.PDF 887.58KB 4f. List the total estimated acreage of all existing wetlands on the property: 1.18 acres 4g. List the total estimated linear feet of all existing streams on the property: 8,623 linear feet 4h. Explain the purpose of the proposed project:* The purpose of the proposed Project is to develop a semiconductor chip manufacturing plant within the Person County Mega Park, which will serve to bring significant economic relief to the citizens of Person County. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed Project is comprised of approximately 175 acres located immediately south of Edwin Robertson Road at Country Club Road, five miles north of Roxboro in Person County, North Carolina (see Figure 1, Vicinity Map attached above). The Project is part of a larger 1,350-acre site known as the Person County Mega Park (Mega Park), also known as the Person County Megasite or Person County Mega Site and formerly known as Project Trace. The purpose of the proposed Project is to develop a semiconductor chip manufacturing plant at the Person County Mega Park, which will bring significant economic relief to the citizens of Person County. The proposed Project layout is comprised of an approximately 2.35 million square -foot central operations facility to house the clean room, manufacturing spaces, office spaces, mechanical yard, vehicular loading dock areas, and associated parking (see Construction Drawings attached in 4j below). The proposed design also identifies locations and sizes for stormwater control measures to be installed as part of the proposed Project. The larger Mega Park property is suitable for the proposed semiconductor plant development based on specific industry requirements including, but not limited to, a minimum of 200 acres with compatible zoning, access to available and high -quality electrical service, an experienced workforce, and direct routes to interstates. it is rare that a single site meets all the criteria necessary for the successful development of a semiconductor chip manufacturing plant. Power, water and wastewater requirements for a semiconductor chip manufacturing plant are significant. Person County has identified the proposed Project as an economic development priority and has invested significant resources into the planning and due diligence. The County has incorporated concerns of relevant stakeholders into their master plan and studied the development needs and patterns of the industrial clients it Wishes to attract. The County has completed the environmental and utility infrastructure studies necessary to attract industrial users, in order to facilitate an expedient approval process. The final location and layout of the proposed Project (Preferred Alternative) was chosen after analysis of the larger 1,350-acre site determined that locating the Project along the existing ridgeline Will avoid impacts to second order streams and wetlands on the property. In addition, this location will allow for avoidance and minimization of impacts to environmentally sensitive areas to the maximum extent practicable, while meeting the development needs of the industry. The existing availability of power sets the Project apart from alternative locations, not only in North Carolina, but also globally. Currently, the proposed Project is served by a 2,422 Megawatt Steam Plant, a 727 Megawatt Steam Plant, and a 49 Megawatt Combined Cycle Plant. In addition, multiple 230 kV and 115 kV lines currently cross the property. These sources are capable of meeting large demands of electric service from multiple directions and provide redundant electric service that enhance the power quality to a customer, which is vital to the semiconductor chip manufacturing industry. The impacts of utility power disruptions are probably the greatest concern in the semiconductor wafer fabrication industry, and the absence of potential sources of vibration (i.e., rail) further differentiates this site from other alternatives. The semiconductor chip manufacturing processes are vulnerable to even tiny power disruptions because a single mistake anywhere in the dozens to hundreds of steps, render the product useless. There can be losses of millions of dollars an hour when a chip manufacturing plant shuts down. The amount of available water and wastewater treatment capacity, in addition to the amount and quality of available power, further sets this site apart. Water requirements for the semiconductor fabrication industry begin at 1 million gallons per day (MGD) and increase to 4MGD, once the site has reached its full production capacity. The area's excess water capacity is 5MGD and excess wastewater capacity is 3MGD. Based on the existing infrastructure, the Preferred Alternative would not only meet the minimum requirements of the proposed development but would also leave additional water capacity (1 MGD) to meet the other needs of the community. Therefore, the proposed Project was determined to be the most suitable option based on the size and currently available infrastructure (i.e., electrical, natural gas, water and sewer). The proposed Project will bring significant economic relief to the citizens of Person County. The N.C. Department of Commerce (NCDOC) annually ranks the state's 100 counties based on economic well-being and assigns each a tier designation. These designations are based on the average unemployment rate, median household income, percentage growth in population, and adjusted property tax base per capita. The 40 most distressed counties are designated as Tier 1, the next 40 as Tier 2, and the least 20 distressed as Tier 3. Person County was designated as a Tier 1 county in 2017 and 2018 and was reclassified as a Tier 2 county in 2019; Person County retained its Tier 2 county designation for 2020. This change in Tier status was due to a change in the ranking system scoring factors and not due to a change in Person County's economic situation. Based on an Economic Impact Study completed by the NCDOC for the Project, the ongoing, annual employment impact of the newfacility will result in approximately 7,870 jobs in Person County and the surrounding area. Impacts to jurisdictional features were avoided and minimized to the maximum extent practicable throughout the planning and design process including the utilization of the delineation (see 2016 and 2015 Wetland Delineation Reports in Appendices S and T, respectively), minimization of partial stream or wetland impacts, minimization of impacts to all primary drainageways and floodplains, and strict adherence to all state and local stormwater control measures. The current proposed layout provides sufficient area to constructthe approximately 2.35 million square -foot central operations facility as well as position the facility along the existing ridgeline which will serve to minimize impacts to second order streams on the property (see Construction Drawings attached below). To accomplish the goals of the Project, a total of 1.18 acres of unavoidable permanent impacts to jurisdictional wetlands and 8,623 linear feet of stream impacts are required. These impacts include the fill of wetlands and streams for grading and construction and the redirection of streams to stormwater control devices through culverts for road crossings. Person County believes in the concept of being active in the development of multiple mitigation options that provide both environmental and public value improvement for Person County residents. Therefore, the County will explore several mitigation options as part of the permitting process. Payment to the N.C. Division of Mitigation Services (DMS) is one option; however, flexibility to explore other mitigation opportunities that can better serve the public and environment will be incorporated into the final mitigation package proposed for the Project. DMS is willing to accept payment for compensatory mitigation through the purchase of wetland and stream credits for the Project's unavoidable impacts through its in -lieu fee mitigation program (see DIMS In -Lieu Fee Acceptance Letter, dated February 13, 2020 attached above). Mitigation banks provide a second option, Mich is often both the more affordable option and more beneficial to the local ecosystem than in -lieu fees. Either mitigation option will ensure that the unavoidable impacts proposed by the Project Will result in a "no net loss" of aquatic resource function and value to Waters of the U.S. 4j. Please upload project drawings for the proposed project. AINLUB-E.PDF 62.7MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r• Yes Comments: C No 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r WA Corps AID Number: SAW-2016-02542 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Paul M. Stephens N, W. Brandon Fulton Agency/Consultant Company: ECS Carolinas, LLC O Unknown Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR The initial wetland delineation fieldwork for the Project conducted on September 22 and 23, 2015 was field verified by both the USACE on November 4, 2015 and by DWR on November 5, 2015. Additional wetland delineation fieldwork for the Project was conducted throughout June 2016 and was field verified by Eric Alsmeyer of the USACE on July 28, August 4 and August 5, 2016. 5d1. Jurisdictional determination upload ECS_2016_2015 Wetland Delineation Reports.pdf 7.38MB 6. Future Project Plans 6a. Is this a phased project?* C Yes s No 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? No FD. Proposed Impacts Inventory C^U 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): 17 Wetlands rJ Streams -tributaries F- Buffers r- Open Waters r- Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(') area* 4 (Culvert 8) Culvert P Unknown WG Yes Both 0.026 (acres) 16 (Culvert 3) Fill P Unknown W6 Yes Both 0.597 (acres) ffff Fill P Unknown W7 Site A Yes Both 0.554 __][ (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 1.177 2g. Total Permanent Wetland Impact 1.177 2h. Comments: see Appendix D, Preliminary Jurisdictional Waters of the U.S. Impacts Map and Table attached under Miscellaneous 3. Stream Impacts 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 ❑ (?)IIJurisdiction* length* S1 Road Crossing g Permanent Culvert S43 Perennial Both 12 139 Average (feet) (lir�rfeet) S2 Road Crossing 9 Permanent Culvert SO Perennial Both 12 548 Average (feet) (linearfeet) S3 Road Crossing 9 Permanent Culvert SM Perennial Both 12 436 Average (feet) (lir�rfeet) � Fill Permanent Fill SM Perennial Both 12 1,333 Average (feet) (linearfeet) S5 Road CrossingPermanent Culvert SR Perennial Both 12 39 Average (feet) (lir�rfeet) S6 Fill Permanent Fill SR Perennial Both 12 1,206 Average (feet) (lir�rfeet) 87 Fill Permanent Fill SS Perennial Both 1Av(f) 163rfeet) S8 Fill Permanent Fill JST Perennial Both 12 63 Average (feet) (lin�rfeet) S9 Fill Permanent Fill SU Perennial Both 1Average 1( —] (fee) earfeet) S10 Road Crossing Permanent Culvert S23 Site A Perennial Both 1Average(fee) 24nea feet) S11 Fill/Road Crossing g Permanent Culvert S32 Site A Perennial ��_] 12 1,064 Average (feet) (lir�rfeet) S12 Fill Permanent Fill S35 Perennial Both 12 139 Avenge(feet) (lir�rfeet) S13 Fill Permanent Fill S33 Perennial Both 12 1,450 Avenge(feet) (linearfeet) S14 Fill Permanent Fill S32 Site A Perennial Both 12 139 Average (feet) (lir�rfeet) S15 Fill Permanent Fill S34 Perennial Both 12 85 Average (feet) (lir�rfeet) S16 Fill/Road Crossing Permanent Culvert S36 Perennial Both 1Average(fee) 70nea feet) S17 Fill/Road Crossing Permanent Culvert S37 Perennial Both 1Aver�e(fee) 397f) S18 Fill Permanent Fill S39 Perennial Both 12 463 Average (fee) (li �r feet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 8,623 31. Total stream and ditch impacts: 3574 31. Total temporary stream impacts: 3j. Comments: see Appendix D, Preliminary Jurisdictional Waters of the U.S. Impacts Map and Table attached under Miscellaneous E. Impact Justification and Mitigation u 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning using wetland and stream delineation data to avoid and minimize impacts. After the wetlands and streams on -site were delineated, an engineering plan was developed to meet all needs of the Project, while minimizing impacts to Waters of the U.S. Based on extensive analysis of on -site alternatives for the location of the central operations facility within the larger 1,350-acre site, the proposed Project's location (Preferred Alternative) results in the least number of impacts to Waters of the U.S. while meeting the needs of the industry. Alternative siting locations for the facility are limited based on the configuration of the Project site. The proposed Project layout provides sufficient area to construct the approximately 2.35 million square -foot central operations facility, as well as position the facility along the existing ridgeline which will serve to minimize impacts to second order streams and wetlands. This location will allow for avoidance and minimization of impacts to environmentally sensitive areas to the maximum extent practicable. Fill slopes will be graded to a 3:1 slope and will be hydroseeded and matted for stabilization. Retaining walls will be utilized to minimize limits of disturbance and balance earthwork where feasible. The facility was strategically placed to maximize buildable area within the property boundaries with regard to building shape and size, location, access, functionality, and circulation. The facility was strategically placed to maximize buildable area within the property boundaries with regard to building shape and size, location, access, functionality, and circulation. The proposed Project has implemented planning practices which reduce the influence of direct impacts on downstream water quality. Efforts to reduce impacts generally include: 1. Avoidance/minimization of direct wetlands/waters impacts through innovative site planning and utilization of confirmed wetland delineation 2. Minimization of partial wetland/stream impacts 3. Minimization of impacts to primary drainage ways and floodplains 4. Strict adherence to all state stormwater and sediment control measures 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Fill slopes will be graded to a 3:1 slope and will be hydroseeded and matted for stabilization. Retaining walls will be utilized to minimize limits of disturbance and balance earthwork where feasible. The facility was strategically placed to maximize buildable area within the property boundaries with regard to building shape and size, location, access, functionality, and circulation. Dissipator pads associated with each culvert will be installed belowthe ordinary high-water mark of the streambed to allowfor aquatic life passage. Measures will be taken to prevent oil, tar, trash, debris, and other pollutants from entering the adjacent jurisdictional streams and wetlands. Any excess excavated materials not utilized as backfill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional streams and wetlands. Therefore, stockpiling of excavated material within jurisdictional streams and wetlands will be strictly prohibited as part of the construction of the Project. All Project construction activities initiated within jurisdictional streams and wetlands will be carried out to completion in an expeditious manner in order to minimize the period of disturbance within the jurisdictional streams and wetlands. An Erosion and Sediment Control (E&S) Plan that meets the latest State and local regulations and adheres to the methodology prescribed in the North Carolina Sedimentation and Pollution Control Act of 1973 will be utilized. All erosion and sediment control measures will be checked for stability and operation following every one -inch rainfall event, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. The Project will meet all relative requirements of BMPs and engineered stormwrater control structures as outlined through state (DEQ) stornmater rules and regulations. Stormwater management facilities have been strategically placed adjacent to streams within natural drainageways to manage and treat runoff before discharging into down gradient waters, in order to protect waters from degradation. Therefore, the Project should have no adverse effect on downstream waters, water quality, or aquatic species. Efforts to reduce impacts generally include: 1. Avoidance/minimization of direct wetlands/waters impacts through innovative site planning and utilization of confirmed wetland delineation 2. Minimization of partial wetland/stream impacts 3. Minimization of impacts to primary drainage ways and floodplains 4. Strict adherence to all state stormwater and sediment control measures 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): W DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank W Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (lir:ear feet) 8,623 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 1.18 4g. Coastal (tidal) wetland mitigation requested: (acres) 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. C Yes C No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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? r Yes r No If no, explain why: There are no wetlands, open water, stream and associated upland buffers within the Project site that are under a deed restriction, conservation easement restrictive covenant, or other land use protective instrument. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r 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? r Yes r No 2d. Which of the following stormwater management program(s) apply: r Local Government W State State Stormwater Programs r Phase II r MNQ or ORW r Coastal Counties P Other unknown Comments: see Appendix O, Stormwater Management Plan Package and Storffmmter Impact Analysis and Design Calculations, submitted to Chonticha McDaniel, attached under Miscellaneous attachments below. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) 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 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. Person County has evaluated the proposed site for the Project and demonstrated that the County is able to absorb the growth projected by this project in a way that is environmentally responsible. The addition of 4,000 jobs to Person County would not lead to urban development or an increase in road construction at a level that should cause concern over water quality. As a rural county, the population in Person County is only projected to grow 1.75 % over the next 10 years. The County is therefore prepared to absorb the growth generated by this project with no additional impacts related to residential housing. There are more than 2,700 new suitable new home sites, including more than 2,200 vacant, buildable lots and 500 additional planned residential lots in approved subdivisions. Much of this capacity falls within the Falls watershed, where stringent stormwater regulations enforced by the Division are already in place. In 2019, an estimated 8,200 Person County residents commuted outside Person County for employment. If half of these commutes became local, all the newjobs would likely be filled by existing residents. The estimated six years or more to reach full project buildout and peak employment level allows time for current students to be trained upon high school graduation, as well as any necessary retraining of existing residents wishing to remain in the county to work. Person County Schools and Piedmont Community College have existing programs that can train qualified workers for positions in the facility, and other programs can be implemented before project buildout. Duke Energy, a top employer in Person County, has announced plans to retire two coal-fired power plants within the County by 2029. As a result, Duke's local workforce has already begun to decrease gradually, which causes indirect impacts to other industry dependent on those jobs or on the byproduct of the plants, such as CertainTeed. Those employees impacted by the Duke closures would be at a compatible skill -level for the semiconductor fabrication plant. As of October 2019, the Person County unemployment rate was at 4.0%. Additional residential development to accommodate 4,000 newjobs would not be necessary. Similarly, current residents and their families have existing retail and service providers that would not need to increase if newjobs were predominantly filled by existing residents. Any market growth is expected to occur in vacant buildings and existing lots in the City of Roxboro or near residential development, which has been demonstrated to be diffuse, minimal, and predominantly otherwise regulated. Approximately 2,500 workers who live outside of the County commute to Person County and will therefore not create a need for additional residential development. Water and sewer service would be provided to the site by the City of Roxboro, however, the water main ends at the site and the sewer main have not yet been constructed. A sewer pump station will be required to serve the area, and there will be a force main from the site to the wastewater treatment plant. The existing 12-inch water main along US 501 North is expected to focus development along this corridor and discourage development in areas without City utilities. Otherwise, annexation is required to extend water and/or sewer; this will help limit high density development to within three miles of the existing Roxboro city limits. In 2013, there was a $3.5 million upgrade to the water treatment plant that did not increase the capacity of the plant but was designed to improve water quality to meet new USEPA requirements. In 2018, an upgrade to the wastewater treatment plant was begun to change the treatment process, although the expansion will not increase the treatment capacity of the wastewater treatment plant. With an expected completion date of January 2021, this upgrade will improve the quality of the effluent being discharged into Marlowe's Creek. Extra capacity of 3MGD currently exists with the current plant capabilities. However, that additional capacity cannot be extended without the buildout of additional infrastructure, and City of Roxboro policies provide for controlled extensions of the utilities in order to maintain an efficient system in terms of maintenance, water quality, service and cost to operate. Person County has many programs and partnerships in place through the agricultural community that address water quality and conservation through its FPP. Many action items address water quality though conservation efforts, utiliang planning tools such as conservation easements for farm and forestland preservation. The ACSP program, overseen by the Person Soil & Water Conservation District, addresses water quality problems from non - point source pollution caused by soil erosion, excessive fertilizer use, animal waste contamination, and improper use of agricultural chemicals, playing an essential role in the County's water quality efforts. Federal programs already in place further address possible environmental threats to water quality from agricultural non -point sources. As resource concerns arise, Person County has the ability to partner With PCC in implementing water quality projects such as dam removals, stream restoration & enhancement, and stormwater BMPs utilizing their 50 years of experience managing conservation projects. Person County's park system plays a large role in helping to protect Person County natural resources, water quality, green space, and park land as population and development growth occurs. The Park System strives to help offset any negative effects of any future county development by increasing parkland/green space/natural space, preservation and conservations practices, and environmental education through outdoor division programs. Person County has 222.7 acres of parkland to help support population and growth, nearly six acres of parkland for every 1,000 residents. An additional 65 acres of parkland and natural space located in the County managed by the Person/Caswell Lake Authority. The majority of parkland (139 acres) is located in the northern part of the county and has been developed and/or acquired through grant funding which requires that acreage must always be green space and/or natural space in perpetuity. The Person County Comprehensive Park System Master Plan, adopted in 2014, includes plans for the transformation of an additional 280 acres of County surplus land into parkland and green space. Person County has further taken a stance for restricted and responsible growth through the adoption of new floodplain regulations in November 2019 New FEMA FIRM maps were formally adopted by the County that indicate areas that are likely to experience flooding during high rainfall events. Earlier iterations of the Person County Mega Park development showed conceptual designs portraying full site buildout far beyond the level of the current Project application, including designs for ancillary buildings and retail commercial development to support the site. However, further due diligence on this industry sector through discussions with industry experts and the study of other sites has led to an understanding that large semiconductor fabrications are typically stand-alone facilities that do not operate in campus style facilities. The Person County Mega Park is only six miles from the City of Roxboro, where several restaurants, medical facilities, shopping, and service locations exist within a 10-minute drive; two restaurants and an event center already operate within a 3-minute drive from the site. The 11-minute drive to the local community college would eliminate any need for a satellite location to be housed on the site. In addition, the City of Roxboro Wastewater Treatment Plant and the Water Treatment Plant are both Within 7 minutes of the site. As the Duke Energy jobs are eliminated with the two plant closures, traffic in the northern part of the county will be reduced. Similarly, the large trucks that transport coal between the plants will go away. According to NCDOT, a secondary road can handle 17,000 vehicles per day before reaching capacity. Only one main highway, US 501, (not secondary) passes through the County that approaches that number, and it is mainly in the southern part of the County where the state -regulated stornmater restrictions exist. The portion of US 501 that is not in the Falls watershed is already funded in the current STIP (U-5969) to receive the needed improvements apart from any impacts related to this economic development project. Existing public and private roads in the County have sufficient available capacity to handle the traffic flow from the addition of 4,000 positions. Further, an extensive survey has been done for the remainder of the County with respect to Indirect and Cumulative Impacts. Detailed supporting evidence has been provided to show that existing systems, scenarios, and safeguards are in place and consistent with DWO Policy to prevent growth from this Project from causing any violation of downstream water quality standards. While a total of 1.18 acres of unavoidable permanent impacts to jurisdictional wetlands and 8,623 linear feet of stream impacts are required, these unavoidable impacts will be mitigated through the purchase of compensatory wetland and stream credits through the N.0 Division of Mitigation Services (DMS), contingent on the agency's approval. The purchase of this compensatory mitigation will ensure the unavoidable impacts proposed by the Project will result in a "no net loss" of aquatic resource function and value to Waters of the U.S. The proposed Project's location as analyzed will allowfor avoidance and minimization of impacts to environmentally sensitive areas to the maximum extent practicable, while meeting the development needs of the industry. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR forth is project?* r Yes r Nor WA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) Sa. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The following agencies and associated databases (Dated 2-21-2020) were reviewed: U.S. Fish and Wildlife Services (USFWS) — Information, Planning and Consultations Systems (IPaC) North Carolina Natural Heritage Department (NHP) database Consultation Documentation Upload Endangered Species_ Critical Habitat.pdf 2.53MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The following agencies and associated databases (Dated 2-21-2020) were reviewed: U.S. Fish and Wildlife Services (USFWS) — Information, Planning and Consultations Systems (IPaC) • North Carolina Natural Heritage Department (NHP) database 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?* r Yes f• No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* A query of the North Carolina State Historic Preservation Office (SHPO) database was performed for the Project and the vicinity (0.25 miles from the Project boundary) to determine the effect, if any, that the Project may have on archaeological or historical resources. No National Register sites or sites eligible for listing on the National Register of Historic Places (NRHP) are present on the property or within 0.25 miles of the property. A cultural resources assessment was completed by Archaeological Consultants of the Carolinas (ACC) in July 2017. Twelve (12) archaeological resources were identified during the course of this investigation. Al 12 resources identified were determined not eligible for listing on the NRHP because of lack of integrity and inability to contribute to further an understanding of the area's prehistory or history. The concurrence letter from the Office of State Archaeology (OSA) dated September 15, 2017 is included below. In addition, USACE received a written response from the Cherokee Nation on January 28, 2019 stating that the Project is outside of the Cherokee Nation's Area of Interest. This correspondence is included below. 7c. Historic or Prehistoric Information Upload Historic Info.pdf 687.59KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Insurance Rate Map (FIRM) layer used in Figure 3: Environmental Inventory Map, included in Appendix B attached under Miscellaneous attachments below. Miscellaneous U Comments Please see full package attached below, including a cover letter with an explanation of changes since the submittal of the original Individual Permit Application package submitted January 8, 2019 and the full Support Document describing the project, its impacts, and including all associated appendices (Appendices A through T), some of which have been attached throughout this application above. Miscellaneous attachments not previously requested. Person County Mega Park - FINAL IP Reapplication Package 040720.pdf 154.47MB Signature u ® 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: Susan Morrison Signature Date 4/7/2020 ROY COOPER Governor MICHAELS. REGAN NORTH CAROLINA Environmental Quality February 13, 2020 Sea-etary TIM BAUMGARTNER Dlrecror Phillip AllenPCBIC PO Box 1824 Roxboro, NC 27573 Project: Person County Mega Park Expiration of Acceptance: 8/13/2020 County: Person The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensat9ry mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in­ lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Pennit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin I Impact Location l8-digit HUC) Impact Type Impact Quantity Roanoke 03010104* Warm Stream 8,623 Roanoke 03010104* Riparian Wetland 1.18 *In accordance with the January 14, 2014 NCIRT memo addressing mitigation for impacts in the Roanoke, DMS proposes to provide credit in Roanoke 03010103, 03010104 or 03010102. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Robin Perez, agent anagement Supervisor Nocth Carolina Department of Environmental Quality I OMsion of Mitigation Services 'lr7 W Joroes Strttt I 1652 Mail St-rv!ce Center I Raleigh, North Carolin<1 2769<M652 919.7078976 0 AUEN•1'AtMiORIZATION and PROPERTY OWNER CERTIFIUATION FORM All Blanks to be Filled in by Current Landowner 1, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the PCB1C, Division of Water Resources and the Wilmington District, U.S. Army Corps of Engineers (Corps) to'enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of' the U.S. subject to Federal jwisdiction under Section 404 of the Cletus Water Act and/or Section 10 of the Rivers and harbors Act of 1899. Project Name: Person County Transportation Improvements Location: Edwin Robertson Road/ Shiloh Church Road Property O\Vrsz.s Nan rt (P int),;• Properly t . y C�yrr(grsSignalw•e� _ - - — ._--- _... Property Owmer's'Ielephone: �� � .�- j � j" _ Property Owner's L.mail Address. Gcrn_4�_�1rd.iLt�.i�_er� AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the PCBIC, Division of Water Resources and the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Project Name: Person County Transportation Improvements Location: Edwin Robertson Road/ Shiloh Church Road Property Owner's Name (Print): Signature: (00 Property Owner's Telephone: �136, dgp/W Property O)yner's Email Address: m cdA)c,Q.,eNL'd abU/f f�� �Qad fhf .Por6rr�z�l c7li% /r/ac�� a,ce_oZ Me- Ld4 f/ NO sfa,W 5 roc Alem s 5 vn 77 >` ,�� ,�� �r vs-� I; ale /doffs r/e V a/re65 /W y rho /?aav 5 aJ°/9jr Aid e0afIlly � Tne �pT �).'d q Person County Business and Industrial Center, Inc. PO Box 1824, Roxboro, NC ;;;-XS 27573 1 pcbicinc@gmail.com ! j 1!H)16 tti w AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the PCBIC, Division of Water Resources and the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S, subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Project Name: Person County Transportation Improvements Location: Edwin Robertson Road/ Shiloh Church Road Owner's Name (Print): Property Owner's Telephone: Fax No.. Y4' J"99 l Person County Business and Industrial Center, Inc. I PO Box 1824, Roxboro, NC 27573 1 pcbicinc@gmail.com AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of PCBIC, Division of Water Resources and the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with jurisdiction under Section 404 of the Clean and Harbors Act of 1899. Waters of the U.S. subject to Federal Water Act and/or Section 10 of the Rivers Project Name: Person County Transportation Improvements Location: Edwin Robertson Road/ Shiloh Church Road Property Owner's Name (Print): tid — _ ...,,V4 I14/r_ t L /C ,=,O- 7 0--k J— Property Owner's Telephone: 93 0 - Ll Fax No. Property Owner's Email Address: Person County Business and Industrial Center, Inc. I PO Box 1824, Roxboro, NC 27573 1 pcbicinc@gmail.com AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the PCBIC, Division of Water Resources and the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Project Name: Person County Transportation Improvements Location: Edwin Robertson Road/ Shiloh Church Road )pertrtyy Owner's Name (Print): I i�n�la Nelson Crater Shnllu L_Ll1-i Signature: Property Owner's Telephone: 3'-ko .3clq 93(� Fax No. Property Owner's Email Address: tx�+mrnU a I,ATynsn, C o rn AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the PCBIC, Division of Water Resources and the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Project Name: Person County Transportation Improvements Location: Edwin Robertson Road/ Shiloh Church Road Owner's Name (Print): Owner's Signature: Owner's 1L5 Ln . Property Owner's Telephone: Fax No. Property Owner's Email Address: -lQ110U (� 7 5 iF5S.L�/. PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the PCBIC, Division of Water Resources and the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Project Name: Person County Transportation Improvements Location: Edwin Robertson Road/ Shiloh Church Road Owner's T_ Owner's r Owner's b5 A Property Owner's Telephone: _?M-5"f7-2r911 Fax No. Property Owner's Email Address: Person County Business and Industrial Center, Inc. I PO Box 1824, Roxboro, NC 27573 1 pcbicinc@gmail.com AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of PCBIC, Division of Water Resources and the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with jurisdiction under Section 404 of the Clean and Harbors Act of 1899. Waters of the U.S. subject to Federal Water Act and/or Section 10 of the Rivers Project Name: Person County Transportation Improvements Location: Edwin Robertson Road/ Shiloh Church Road Owner's Name 7 6Z,3 Owner's Owner's Mailing Address: _ < A ,'/o h, I' ' �2t rrc `1_ Property Owner's Telephone: 11336 Fax No. Property Owner's Email Address: Person County Business and Industrial Center, Inc. I PO Box 1824, Roxboro, NC 27573 1 pcbicinc@gmail.com U.S.G.S. QUADRANGLE(S)DATE(S):WATERSHED(S):HYDROLOGIC UNIT CODE(S) TIMMONS GROUP JOB NUMBER:PROJECT STUDY LIMITS:LATITUDE:LONGITUDE: PERSON COUNTY MEGA-SITEPERSON COUNTY, NORTH CAROLINAFIGURE 1: VICINITY MAP 39329 36°28'40.44"N 78°59'38.76"W 1,350.0 ACRES :ROXBORO & OLIVE HILL2016 : 03010104LOWER DAN (ROANOKE RIVER BASIN) These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. Path: Y:\805\39329 Person County MegaSite\GIS\Common Shared Exhibits\Overall Mapping\39329-VIC.mxd 5 0 4,000 8,000 12,000 16,000Feet Site limits are approximate.Topographic imagery from USGS. Site Limits U.S.G.S. QUADRANGLE(S)DATE(S):WATERSHED(S):HYDROLOGIC UNIT CODE(S) TIMMONS GROUP JOB NUMBER:PROJECT STUDY LIMITS:LATITUDE:LONGITUDE: PERSON COUNTY MEGA-SITEPERSON COUNTY, NORTH CAROLINAFIGURE 5: NRCS SOIL SURVEY MAP 39329 36°28'40.44"N 78°59'38.76"W 1,350.0 ACRES :ROXBORO & OLIVE HILL2016 : 03010104LOWER DAN (ROANOKE RIVER BASIN) These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. Path: Y:\805\39329 Person County MegaSite\GIS\Common Shared Exhibits\Overall Mapping\39329-NRCS.mxd 5 0 3,000 6,000 9,000 12,000Feet Site limits are approximate.Web soil survey from NRCS. Site Limits