20200321 Ver 1_More Info Received for USACE Request_20200505

Strickland, Bev
From: Morgan, Katie <[e-mail]>
Sent: Tuesday, May 5, 2020 10:37 AM
To: Janiczak, Catherine M CIV USARMY CESAW (USA)
Cc: [e-mail]; Perez, Douglas J; Pitner, Andrew; Johnson, Alan
Subject: RE: [External] RE: Copart design DWR #19-0321
Attachments: Gastonia Tolling Agreement - signed.pdf, Copart-Inc-corporate_officers.pdf
• ' External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Hi Cathy,
Please see attached and let me know if your legal has any additional questions.
Have a Great Day!
Katie L. Morgan, PWS, EP
Senior Project Manager - Professional Wetland Scientist (#3100)
PARTNER ENGINEERING AND SCIENCE, INC.
New Orleans, LA
C:423-838-1845 1 0: 504-777-3956 1 D: 800-419-4923 ext. 3748
More Than Just Assessments. Solutions - For a complete list of services, click here[nam02.safelinks.protection.outlook.com
From: Janiczak, Catherine M CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, May 4, 2020 5:18 AM
To: Morgan, Katie <[e-mail]>
Cc: [e-mail]; Perez, Douglas J <[e-mail]>; Pitner, Andrew
<[e-mail]>; Johnson, Alan <[e-mail]>
Subject: RE: [External] RE: Copart design DWR #19-0321
Good morning,
Please see our attorney's comments below and send me the additional information requested as soon as you can:
I have reviewed the attachment, and need some documentation in order to determine whether it is appropriate or
not. I note the following:
1) It is signed by G R DePasquale (assumed to be Gregory R. DePasquale) as "Business/Land Owner". However, to sign
on behalf of the Corporation, he needs to be signing in the capacity of his position. According to the Secretary of State's
website, Gregory R. DePasquale is identified as the Secretary. Therefore, his signature block should be amended to
reflect his name and position.

2) With regard to the Office/position, a Secretary may or may not be authorized to execute such a document. We will
need to see a copy of the Bylaws and/or a Corporate Resolution that authorizes the Secretary to sign documents like
this and bind the Corporation.
Thank you and let me know if you have any questions.
Catherine M. Janiczak
Regulatory Specialist
U.S. Army Corps of Engineers
Charlotte Regulatory Satellite Office
Phone: [phone]
From: Janiczak, Catherine M CIV USARMY CESAW (USA)
Sent: Tuesday, March 31, 2020 3:08 PM
To: Morgan, Katie <[e-mail]>
Cc: Jonathan. [e-mail]; Perez, Douglas J <[e-mail]>; Pitner, Andrew
<[e-mail]>; Johnson, Alan <[e-mail]>
Subject: RE: [External] RE: Copart design DWR #19-0321
Good afternoon,
Alan is correct in his statements below. Because this is a violation, a signed tolling agreement (attached) is required. A
PCN must be submitted which can be found on our website
here: https://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/ fsaw.usace.armv.mill
Part of the stream will have to be restored, otherwise, an individual permit is required which takes a lengthy
Environmental Impact Statement which can take months to complete.
Because the impacts are over 150 linear feet, mitigation is required on all impacts.
Yes, the Corps will need to assess the impacts onsite so we will need to set up a site visit in May. May 6t" is my next
availability if you would like to set something up. Thank you and let me know if you have any questions.
Catherine M. Janiczak
Regulatory Specialist
U.S. Army Corps of Engineers
Charlotte Regulatory Satellite Office
Phone: [phone]
From: Johnson, Alan <[e-mail]>
Sent: Tuesday, March 31, 2020 11:47 AM
To: Morgan, Katie <[e-mail]>
Cc: Janiczak, Catherine M CIV USARMY CESAW (USA) <[e-mail]>;
Jonathan. [e-mail]; Perez, Douglas J <[e-mail]>; Pitner, Andrew
<[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: Copart design DWR #19-0321
You need to get the information Cathy is required. I am not familiar with Partners and not
sure Cathy has been to the site to verify the delineation.

300 ft is the threshold for IP, so not sure if you might need to push down a bit to be sure you
are below threshold, otherwise you are in a different game.
My understanding is that until Cathy gets certain information, the corps does not review the
project (or something to that affect). Given that this is a violation and it is address a bit
differently.
We should also receive, be submitted a stream restoration plan/design for the impacted
area. It may be well to have all the players there for a site visit to discuss retaining wall,
delineation, stream restoration.
I went by the site a few weeks ago when we were having all that rain to take a look. I was
slipping and sliding up and down the hill, and hoping I didn't slide away, so I didn't make it
down the channel to take a look.
From: Morgan, Katie [mailto:[e-mail]]
Sent: Tuesday, March 31, 2020 11:34 AM
To: Johnson, Alan <[e-mail]>
Cc: Janiczak, Catherine M CIV USARMY CESAW (USA) <[e-mail]>;
Jonathan. [e-mail]; Perez, Douglas J <[e-mail]>; Pitner, Andrew
<[e-mail]>
Subject: RE: [External] RE: Copart design DWR #19-0321
®' T External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Hi Alan,
Thank you for your time. I apologize in the delay in getting you this information. Finding a new normal with the changes
from the pandemic has been a challenge. It took some additional time to get all of the files from servers in the physical
office to home offices.
1. 300-feet is the correct amount of impact (so we will need to update the PCN). The PCN was submitted with the
impact noted in the initial NOV. Plans were not finalized prior to submitting the PCN. Copart was able to reduce
the amount of impact to the jurisdictional stream to 250 feet. The additional 250-feet of stream identified in the
NOV will be restored. The developer tried to keep impact to 150-feet; however, site design did not allow. Due to
slopes, safety, soil type, and cost the engineer recommends filling and piping the segment shown in the attached
map and restoring the remaining 250-feet of stream. The site is waiting on a formal determination of jurisdiction
for the smaller stream. Assuming the smaller stream is jurisdictional
2. Attached is a map of the stream delineation. Please use the attached map as a guide to stream location and
measures. The entire site was densely covered in kudzu at the time of the wetland delineation, as such the
stream in question was not observed during the initial delineation. Partner returned to the site in February and
delineated the stream feature. The stream features were mapped by a surveyor.
3. Kelly Williams has been contacted for mitigation forms and information. Upon receipt of correspondence I will
send an update.
3

4. The developer tried to keep impact to 150-feet; however, site design did not allow. Due to slopes, safety, soil
type, cost, and potential for a blow out from a retaining wall the engineer recommends filling and piping the
segment shown in the attached map and restoring the remaining 250-feet of stream. The developer was able to
avoid impact to 250-feet of the initially impacted stream identified in the NOV and proposes to restore the 250-
feet of non -impacted stream. Additionally, only 50-feet of the secondary stream awaiting formal jurisdictional
determination will be impacted. The remainder of the stream within the development will be restored.
I believe Cathy and site personnel were corresponding about the site visit. I will provide an update regarding site
visit status as soon as possible. Due to travel restrictions and the current pandemic, alternatives to physically
being onsite for out of town representatives may be needed. We will explore the option of a video chat with
onsite personnel and out of town representatives for the site walk with regulators.
Have a Great Day!
Katie L. Morgan, PWS, EP
Project Manager — Professional Wetland Scientist (#3100)
PARTNER ENGINEERING AND SCIENCE, INC.
New Orleans, LA
C:423-838-1845 1 0: 504-777-3956 1 D: 800-419-4923 ext. 3748
From: Johnson, Alan <[e-mail]>
Sent: Monday, March 23, 2020 2:27 PM
To: Morgan, Katie <[e-mail]>
Cc: Janiczak, Catherine M CIV USARMY CESAW (USA) <[e-mail]>;
Jonathan. [e-mail]; Perez, Douglas J <[e-mail]>; Pitner, Andrew
<[e-mail]>
Subject: RE: [External] RE: Copart design DWR #19-0321
Ok, some more information required other than the retaining vs fill material.
1) 1 made an assumption about the potential stream impacts proposed for the site, so was
focusing on the fill. HOWEVER, the PCN states 500 ft of stream. That is an INDIVIDUAL
PERMIT potentially, unless waived by the army corps. To be below the threshold for an
IP, you must be less 300 ft of stream (a diagram below shows 250 and 50 ft (300 ft) of
impact). Mitigation would potentially be waived with impacts less than 150 ft of stream.
2) The delineation papers did not include a map of the stream and/or lengths from the
consultants. Below are several different maps included in the information submitted for
this project.
A) is the "Gastonia Industrial 18-07-0510" that was included. The yellow and red lines (I
assume channels) were not Identified in the legend. Nor the length if pertinent.
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B) The sed/eros plan shows this illustration. I compared to the illustration above and
have extended in the associated color
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3) Mitigation forms are required. Contact Kelly Williams with the Division of Mitigation
Services for the information required. Mitigation cost is approximately $500 If. It may
be at a 2:1 ratio, thus doubling the cost.
4) 1 have recommended retaining walls to minimize the need of fill material and reduce the
stream impact. Avoidance and minimization must be shown or a pertinent reason must
be provided.
6

Cathy Janiczak with the corps is waiting for information before she can move forward
with the application (if I am correct). Given the information regarding the potential
stream impacts (Individual permit or Nationwide permit) and the confusion regarding
the proposed streams. This project will remain on hold till a site visit can be conducted
with the army corps and the proper representatives with the company. It may be good
to have the wetland personnel to confirm their stream origins and engineer to provide
information regarding the ability to avoid the streams. Work avoiding any
stream/wetlands at the site may continue however the work should not continue with
the expectation of the current submitted design being constructed with the current
proposed fill till clarity can be provided.
Thanks,
Alan Johnson
From: Morgan, Katie [mailto:[e-mail]]
Sent: Monday, March 23, 2020 2:07 PM
To: Johnson, Alan <[e-mail]>
Cc: Janiczak, Catherine M CIV USARMY CESAW (USA) <[e-mail]>
Subject: [External] RE: Copart design DWR #19-0321
MExternal e mail.. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Hi Alan,
I spoke with Copart, the site has already been redesigned to impact as little of the stream as possible and changing the
design to incorporate a retaining wall is not feasible for this project.
Have a Great Day!
Katie L. Morgan, PWS, EP
Project Manager — Professional Wetland Scientist (#3100)
PARTNER ENGINEERING AND SCIENCE, INC.
New Orleans, LA
C:423-838-1845 1 0: 504-777-3956 1 D: 800-419-4923 ext. 3748
From: Johnson, Alan <[e-mail]>
Sent: Wednesday, March 18, 2020 1:01 PM
To: Morgan, Katie <[e-mail]>
7

Cc: Janiczak, Catherine M CIV USARMY CESAW (USA) <[e-mail]>
Subject: Copart design DWR #19-0321
Why is it not possible to utilize retaining wall to avoid the channel. This is typical here in the
piedmont. Currently the stream impact is due to fill material and slopes for parking
should allow a greater buffer around the channel.
L ulh i W J "ISMiAErLf 1. F 1. li# a 1f IF
Walls
Also: Given the height of the slopes there will be a condition to mat the slopes and work them
to completion asap so they can be matted and a monitoring condition could be required for
the stream below the impact to ensure flow is maintained. If impacted additional mitigation
cost could be required.
IM
Dlvlslon of Water Resources
Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
8

610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: [phone] Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.

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TOLLING AGREEMENT
WHEREAS, the United States of America, on behalf of the United States Army
Corps of Engineers (Corps) may file a complaint against Copart of Connecticut, Inc.
("potential defendant(s)") for, inter alia, alleged violations of Sections 301(a), 309, &
404 of the Clean Water Act ("CWA"), 33 U.S.C. Sections 131 l(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. 1411, 1413), at a
site commonly known as 3060 Fairview Dr, Gastonia, North Carolina and Parcel Nos
135621, 135702 and 222326.
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 after -the -fact (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)")
Electronically signed by: Greg DePasquale
6 1 Date: 2020-05-04 16.46:17-05.00 May 4, 2020
Gregory R. DePasquale, Secretary
COPART OF CONNECTICUT, INC.
DATE

Gastonia Tolling Agreement
Final Audit Report 2020-05-04
Created: 2020-05-04
By: Zachary Scaff ([e-mail])
Status: Signed
Transaction ID: CBJCHBCAABAAGOhor50IKzNGW02iCr3c3BIh0U8hmrVG
"Gastonia Tolling Agreement" History
Document created by Zachary Scaff ([e-mail])
2020-05-04 - 9:12:34 PM GMT- IP address: 99.30.240.133
Document emailed to Greg DePasquale ([e-mail]) for signature
2020-05-04 - 9:15:42 PM GMT
Email viewed by Greg DePasquale ([e-mail])
2020-05-04 - 9:45:24 PM GMT- IP address: 45.41.142.72
dp Document e-signed by Greg DePasquale ([e-mail])
Signature Date: 2020-05-04 - 9:46:17 PM GMT - Time Source: server- IP address: 71.42.188.66
Signed document emailed to Greg DePasquale ([e-mail]) and Zachary Scaff
([e-mail])
2020-05-04 - 9:46:17 PM GMT
E Adobe Sign

C,m)art, Inc.
State of Incorporation: Delaware
Date of Incorporation: January 6, 2012
FEIN: 94-2867490
Directors and Executive Officers
Directors
Willis J. Johnson
A. Jayson Adair
James E. Meeks
Steven D. Cohan
Daniel J. Englander
Thomas N. Tryforos
Matthew R. Blunt
Diane M. Morefield
Steven Fisher
Co orate Officers
Willis J. Johnson
A. Jayson Adair
William E. Franklin
Jeffrey Liaw
Sean Eldridge
Rama Prasad
Robert H. Vannuccini
Gregory R. DePasquale
Last updated on 9/30/2019 by B. McClacy
Executive Officers
Willis J. Johnson (Chairman of the Board)
A. Jayson Adair (Chief Executive Officer)
Jeffrey Liaw (President and Chief Financial Officer)
William E. Franklin (Senior Advisor to the Chief Executive Officer)
Chairman of the Board
Chief Executive Officer
Senior Advisor to the Chief Executive Officer
President and Chief Financial Officer
Senior Vice President and Chief Operating Officer
Senior Vice President, Chief Technology Officer
Senior Vice President — Sales
Senior Vice President, General Counsel and Secretary