20200186 Ver 2_401 Application_20201214

I I DWR
Division of Water Resources
Pre-Construction Notification (PCN) Form
April 11,2020 Ver 3.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
6 Yes
✓ No
Is this project a public transportation project?*
0 Yes r No
Change only if needed.
BIMS#Assigned* Version#*
20200186 2
Is a payment required for this project?*
✓ No payment required What amout is owed?*
✓ Fee received r $240.00
6 Fee needed-send electronic notification G $570.00
Reviewing Office* Select Project Reviewer*
Mooresville Regional Office-[phone] Donna Hood:eads\drhood
Information for Initial Review
1a.Name of project:
Apple Creek Corporate Park
1a.Who is the Primary Contact?*
Donny Hicks,Executive Director
lb.Primary Contact Email:* 1c.Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/14/2020
Nearest Body of Water
Long Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.309529 -81.225892
A. Processing Information U
County(or Counties)where the project is located:
Gaston
Is this a NCDMS Project
6 Yes r No
Is this project a public transportation project?*
6 Yes r No
Is this a NCDOT Project?*
✓ Yes f: No
1a.Type(s)of approval sought from the Corps:
17 Section 404 Permit(wetlands,streams and waters,Clean Water Act)
1 Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act)

lb.What type(s)of permit(s)do you wish to seek authorization?
r7 Nationwide Permit(NWP)
r Regional General Permit(RGP)
r Standard(IP)
1c.Has the NWP or GP number been verified by the Corps?
✓ Yes r No
Nationwide Permit(NWP)Number: 14-Linear transportation
NWP Numbers(for multiple NWPS):
Id.Type(s)of approval sought from the DWR:
17 401 Water Quality Certification-Regular r 401 Water Quality Certification-Express
r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual Permit
le.Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: r Yes 6 No
For the record only for Corps Permit: r Yes 6 No
lf.Is this an after-the-fact permit application?*
✓ Yes ( No
1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts?
✓ Yes r No
1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts?
✓ Yes rNo
Acceptance Letter Attachment
Apple Creek Corporate Center DMS Acceptance Aug20.pdf 363KB
I h.Is the project located in any of NC's twenty coastal counties?
✓ Yes (7No
1j.Is the project located in a designated trout watershed?
✓ Yes a No
B. Applicant Information (:)
Id.Who is applying for the permit?
(7 Owner r Applicant(other than owner)
le.Is there an Agent/Consultant for this project?*
6 Yes r No
2.Owner Information
2a.Name(s)on recorded deed:
Gaston County EDC
2b.Deed book and page no.:
2c.Responsible party:
Donny Hicks,Executive Director
2d.Address
Street Address
620 N Main St
Address Line 2
Dry State/Bovine/Region
Belmont NC
Postal/Zip code Country
28012 USA
2e.Telephone Number: 2f.Fax Number:
[phone]
2g.Email Address:*
[e-mail]

4.Agent/Consultant(if applicable)
4a.Name:
Michael A.lagnocco,PWS
4b.Business Name:
4c.Address
Street Address
900 W Trade St
Address Line 2
aty State/Province/legion
Charlotte NC
Postal/TLp Code Country
28202 USA
4d.Telephone Number: 4e.Fax Number:
[phone] [phone]
4f.Email Address:*
[e-mail]
Agent Authorization Letter*
AgentAuthAll_Signatures_PrintToPDF.pdf 245.19KB
C. Project Information and Prior Project History ()
1. Project Information
lb.Subdivision name:
(if appropriate)
1c.Nearest municipality/town:
Dallas
2. Project Identification
2a.Property Identification Number:
170270,170271,170405,170418,170419,
170420,170426,170788,170790,170889,
213893,300425,300426,300458,300819, 2b.Property size:
300820 340
2c.Project Address
Street Address
101 Apple Creek Dr
Address Line 2
Oty State/Province/legion
Dallas NC
Postal/Zip Code Country
28034 USA
3.Surface Waters
3a.Name of the nearest body of water to proposed project:*
Long Creek
3b.Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s)is your project located in?*
Catawba
3d.Please provide the 12-digit HUC in which the project is located.
030501020603
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 study area consists primarily of undeveloped mixed pine/hardwood forest,and maintained/disturbed scrub-shrub uplands in the northern portion of the site,and agricultural ponds,
wetlands and meadow areas in the southern portion of the site where the proposed activities will occur.Surface waters including intermittent and perennial streams are located
throughout the study area.These channelized features generally flow from north to south before draining to Long Creek,which extends along the southern boundary of the study area
and flows east to the South Fork Catawba River.Beaver activity in the southern portion of the site has created ponded condition in many areas along the streams and within the
wetlands.General land use in the vicinity includes residential,agricultural,commercial,institutional,undeveloped forest and disturbed/maintained right-of-way.

4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?*
(7 Yes r No r Unknown
4c.If yes,please give the DWR Certification number or the Corps Action ID(exp.SAW-0000-00000).
The southern portion of the project study area was previously owned by Applewood Properties,LLC,and as part of a separate and independent project was the subject of a Nationwide
Permit(NWP)#39(SAW-2003-30504)for the development of a golf course and associated driving range and clubhouse.The NWP#39 authorized the impact to 530 linear feet of
unnamed tributaries to Long Creek and 0.203 acre of wetland.Of the 530 linear feet of stream channel impacted,385 linear feet was intermittent and determined to have"unimportant"
aquatic function.The development of the golf course was abandoned during the recession;it is our understanding that the permittee is deceased.The abandoned golf course property
was subsequently acquired by the Gaston County Economic Development Commission as part of the land acquisition to accommodate a road and the development of a future business
park.
Project History Upload
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)
AppleCreek_JD_Figure_1_TopographicMap.pdf 1.08MB
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)
AppleCreek_JD_Figure_2_Soils.pdf 1.33MB
4f.List the total estimated acreage of all existing wetlands on the property:
15.02
4g.List the total estimated linear feet of all existing streams on the property:
12,763
4h.Explain the purpose of the proposed project:*
The Gaston County Economic Development Commission(EDC)proposes the construction of a new roadway and the associated development of the Apple Creek Corporate Park.The
Apple Creek Corporate Park will provide many needed assets to the residents and taxpayers of Gaston County.First and foremost,the project will provide a new thoroughfare
connecting NC Highway 279 and NC Highway 275 between White Jenkins Road and the 279/275 merger in Dallas.This road will remove nearly a mile and a quarter of excess travel
along NC 279 and just over a mile on NC 275 for traffic travelling between the two highways.This will also provide shortened response time for emergency personnel and first
responders to traverse the same distance.Please refer to the exhibit attached(Miscellaneous Attachments)prepared by Donny Hicks,Executive Director of the Gaston County EDC,
that describes the transportation and economic need for the new thoroughfare and associated business park.
4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:*
The project will provide a new thoroughfare connecting NC Highway 279(Dallas Cherryville Highway)and NC Highway 275(Dallas Bessemer City Highway)between White Jenkins Road
and the 279/275 merger in Dallas(See Exhibit WTL-1.00 and 1.01).The new thoroughfare to be called Applewood Road or Parkway will require the crossing of a stream and wetland,
and will produce both permanent and temporary impacts to both the stream and wetland and will be done under a NWP#14(See Exhibit WTL-2.00).The stream crossing will use a
double barrel box culvert which will be installed in two phases,in dry conditions using a pump-around operation.Phase 1 culvert construction(See Exhibit WTL-2.01)will install the east
barrel of the culvert and Phase 2(See Exhibit WTL-2.02)will install the west barrel of the culvert.The culvert cross section is depicted on Exhibit WTL-2.03.A riprap apron will be
placed at the culvert outlet.Details of the riprap apron are depicted on Exhibit WTL-2.07.The culvert and riprap apron will permanently impact 106 linear feet(0.024 acre)of Stream B.
Temporary impacts to Stream B resulting from the dewatering required for the culvert installation will total 39 linear feet(0.009 acre).The location of the culvert and crossing of the
stream was sited to minimize wetland impacts and facilitates the crossing of the wetlands at the narrowest portion of the stream/wetland complex.The wetlands in the vicinity of the
culvert are situated within FEMA Zone AE or the 100-year floodplain.
The roadway embankment will result in permanent impacts to Wetland D(See Exhibit WTL-2.00).The fill required to build the roadway embankment will impact approximately 9,476 sq.
ft.(0.22 acre)of wetland.Additional temporary impacts to Wetland D that will result from the roadway embankment will result from the hand clearing of vegetation that will be necessary
to install the erosion and sedimentation control fencing;approximately 518 sq.ft.(0.012 acre)of wetland will be temporarily impacted.Culvert placement at this location necessitates the
relocation of a sanitary sewer which will result in minor permanent and temporary impacts.The installation of the sewer line that will cross the stream will be performed in dry conditions
and will result in temporary impacts of 10 linear feet(See Exhibit WTL-2.00 and 2.04).The dewatering impacts to Stream B resulting from the culvert installation and sewer crossing
have a combined total of 49 linear feet(0.011 acre).The two proposed sanitary sewer manholes will result in minor permanent impacts of 200 square feet(100 square feet for each)to
the wetland(0.005 acre)and the temporary impacts of 0.04 acre to the wetland will result from the installation of the new sewer pipes followed by the regrading to the original contours
of the wetland(See Exhibit WTL-2.00 and 2.05).The road crossing of the wetland will employ an equalizer pipe(155 If of 18"RCP with 0-ring joints)to allow drainage to continue to the
downstream portions of the wetland.A pump-around operation will also be used upstream of the culvert for the removal of two pipes within the existing stream channel.Dewatering
impacts to Stream B resulting from the removal of the two pipes for on-site stream restoration will total 105 linear feet(0.019 acre).The pump around system details are shown in Exhibit
WTL-2.06.The pipes measure 24 linear feet and 32 linear feet for a total of 56 linear feet of newly daylighted/restored bed and bank as shown on Exhibit WTL-2.00.Stream channel
restoration details are depicted on Exhibit WTL-2.08 and stream channel restoration notes are depicted on Exhibit WTL-2.09.
Improvements to Dallas-Bessemer City Highway(NC 275)are also proposed in order to accommodate the new thoroughfare and will result in permanent and temporary impacts to
wetlands.Permanent impacts of 0.017 acre will result from the roadway embankment improvements and temporary impacts of 0.005 acre will result from the hand clearing of vegetation
necessary for the installation of the sediment and erosion control system(See Exhibit WTL-3.00).
The proposed stream and wetland impacts to be performed under the MNP#14 total 0.242 acre of permanent wetland fill impacts,0.057 acre of temporary wetland impacts,106 linear
feet of permanent stream impacts associated with culvert installation and 154 linear feet of temporary stream dewatering impacts for the road crossing and on-site stream restoration.In
conjunction with the construction of the new thoroughfare,the uplands of the site will be cleared and graded for the future business park development pads that will be located within the
areas that are identified as the limits of construction as depicted on Exhibits WTL-1.00 and 1.01.The limits of construction avoid the remaining jurisdictional wetlands and waters of the
site and no additional impacts to waters of the U.S.are anticipated for the project.Stormwater management plan facilities will accompany the grading plan and future build out of the
corporate park.
The mechanized equipment to be used for construction will include track hoes,back-hoes,bulldozers and grading equipment.Gaston EDC intends to market the business park and
development pads and corresponding stormwater management BMP's will be finalized as businesses are recruited and the park is occupied.
4j.Please upload project drawings for the proposed project.
Apple Ck-DRAFT Wetland Impact Exhibts-ALL WTI_1.00-3.00_2020-01-23 final.pdf 6.91MB
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:
5b.If the Corps made a jurisdictional determination,what type of determination was made?*
r Preliminary G Approved r Not Verified r Unknown r N/A
Corps AID Number:

SAW-2018-01904
5c.If 5a is yes,who delineated the jurisdictional areas?
Name(if known): Joshua Kotheimer,PWS
Agency/Consultant Company: STV Engineers,Inc.
Other:
5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The Notification of Jurisdictional Determination was issued by the USACE on July 2,2019(SAW-2018-01904)and is attached.
5d1.Jurisdictional determination upload
SAW-2018-01904 AJD SIGNED.PDF 3.42MB
6. Future Project Plans
6a.Is this a phased project?*
r Yes 6. 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
D. Proposed Impacts Inventory C^U
1. Impacts Summary
1a.Where are the impacts associated with your project?(check all that apply):
7 Wetlands 17 Streams-tributaries r Buffers
1 Open Waters 1 Pond Construction
2.Wetland Impacts
2a.Site#*(?) 2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of 2g.Impact
Jurisdicition*(?) area*
W1 sewer manholes P Bottomland Hardwood Forest Wetland D Yes Both 0.005
(acres)
W2 sewer line T Bottomland Hardwood Forest Wetland D Yes Both 0.040
(acres)
W3 road embankment P Bottomland Hardwood Forest Wetland D Yes Both 0.220
(acres)
W4 hand clearing T Bottomland Hardwood Forest Wetland D Yes Both 0.012
(acres)
W5 road embankment P Bottomland Hardwood Forest Wetland D Yes Both 0.017
(acres)
W6 hand clearing T Bottomland Hardwood Forest Wetland D Yes Both 0.005
(acres)
2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact
0.057 0.242
2g.Total Wetland Impact
0.299
2h.Comments:
Temporary impacts at Site 1(W2 and W4)are associated with the installation of the proposed sanitary sewer line and the hand clearing of wetland
vegetation at the toe of the roadway embankment for the installation of sediment and erosion control(See Exhibit WTL-2.00).Temporary impacts at
Site 2(W6)are associated with the hand clearing of wetland vegetation for the installation of sediment and erosion control.Permanent impacts at Site
1(W1 and W3)are associated with the installation of the two sewer manholes and the fill from the roadway embankments,respectively.Permanent
impacts at Site 2(W5)are associated with the fill from the NC 275 roadway embankment.
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
(?) Jurisdiction* length*
81 road crossing Permanent Culvert Stream B Perennial Both 10 70
Average(feet) (bear feet)
82 road crossing Permanent Rip Rap Fill Stream B Perennial Both 10 36
Average(feet) (linear feet)

s3 road and sewer crossing Temporary Dewatering Stream B Perennial Both 10 49
Average(feet) (linear feet)
S4 stream restoration Temporary Dewatering Stream B Perennial Both 10 105
Average(feet) (linear feet)
3i.Total jurisdictional ditch impact in square feet:
0
3i.Total permanent stream impacts: 3i.Total temporary stream impacts:
106 154
3i.Total stream and ditch impacts:
260
3j.Comments:
Permanent impacts to Stream B at Site 1(S1 and S2)will result from the culvert installation and riprap apron.Temporary impacts to Stream B at Site 1
(S3)will result from the stream dewatering necessary to work in dry conditions for the culvert and riprap apron installation,as well as the proposed
removal of the two in-stream pipes for channel daylighting purposes and associated on-site stream restoration(S4);see Ddlibit WTL-2.00.
E. Impact Justification and Mitigation
1.Avoidance and Minimization
la.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The stream and wetland road crossing area was selected to cross the narrowest portion of the wetland in order to avoid and minimize impacts.
Wingwells on the culvert inlet and outlet minimize the amount of grading impacts to the area and slopes are designed at 3:1 to minimize impacts.The
culvert will be buried at least 1 foot below the stream bed.Baffles are included in the structural design to contain normal flow conditions in a 6'wide
channel in the western barrel of the box.Native material,excavated from the proposed culvert area,will be backfilled between the baffles to provide a
natural stream bed.Flow velocity is expected to increase slightly due to the proposed structure and 36'of Class II riprap is required at the outlet as
energy dissipation;riprap will be embedded in the channel bottom.Dewatering of the stream will be done prior to construction activities.
1b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Best Management Practices for Construction and Maintenance Activities will be employed.The limits of construction will be marked in the field and
areas outside of the limits of construction will be undisturbed.Erosion and sedimentation will primarily be handled through a combination of sediment
basins,sediment traps and skimmer basins in the initial stages of construction,and sediment basins once the storm drainage system has been
installed and as the site is brought to final grade.Smaller areas that cannot be diverted to the temporary basins will be captured with either single row
or double row silt fence,or silt fence with stone openings.As the storm drainage is installed,temporary inlet protection and silt sacks will be installed.
Matting will be installed on 3:1 or greater slopes.
2. Compensatory Mitigation for Impacts to Waters of the U.S.or Waters of the State
2a.Does the project require Compensatory Mitigation for impacts to Waters of the U.S.or Waters of the State?
( Yes f No
2c.If yes,mitigation is required by(check all that apply):
I7 DWR fJ Corps
2d.If yes,which mitigation option(s)will be used for this project?
n Mitigation bank 17 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.
6' Yes r No
4b.Stream mitigation requested:
(linear feet) 4c.If using stream mitigation,what is the stream temperature:
106 warm
4e.Riparian wetland mitigation requested:
4d.Buffer mitigation requested(DWR only): (acres)
(square feet) 0.242
4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested:
(acres) (acres)
4h.Comments
Additional on-site stream restoration work will be performed by the removal of two pipes from Stream B.The pipes measure 24 linear feet and 32
linear feet for an additional 56 linear feet of Stream B that will be daylighted and have restored bed and bank.
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.
r Yes R 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?
✓ Yes 6' No
If no,explain why:
The project is located in the Catawba River basin but not on the main stem of the Catawba River and is not subject to NC Riparian Buffer Protection Rules.
2.Stormwater Management Plan
2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
✓ Yes 6. No
2b.Does this project meet the requirements for low density projects as defined in 15A NCAC 02H.1003(2)7
0' Yes r No
Comments:
The proposed roadway will have curb and gutter as per NCDOT standards.Stormwater from the roadway will collect in the gutters and will be directed to curb inlets.The inlets will collect
the runoff and convey the runoff through reinforced concrete pipes to stormwater management basins for treatment.The mass grading of the site,which will accompany the
construction of the thoroughfare,will be governed by a sediment and erosion control plan which will be approved by NCDEQ's Mooresville office.The proposed storm water
management master plan for the future business park will be accomplished by utilizing a combination of Best Management Practices(BMPs)to provide runoff quantity control(peak flow)
and water quality treatment(pollutant removal).Seven permanent BMPs are proposed for this project,which will all be wet ponds.The wet ponds will function both for water quality and
peak flow attenuation.The site's proposed and estimated future impervious areas will be treated and detained by the proposed BMPs in accordance with the NCDEQ Stormwater Design
Manual.The future,100%buildout impervious area is estimated to be 97.77 acres.The BMPs have also been sized to detain and treat each of the mass graded pads,assuming each
pad area will be built to 95%impervious.All proposed impervious area will be captured and treated by the wet pond BMPs.All onsite treated drainage will ultimately flow into Long Creek
and pass under Dallas Bessemer City Highway(NC-275).Stormwater management facilities will meet the requirements of Gaston County which has been granted delegated authority
from NCDEQ;the Storm Water Management Report/Erosion and Sedimentation Control Plan,is attached in the Miscellaneous section.
The permanent wet ponds will be contained on Property Owner Association(POA)property and utilize the common area detention/water treatment concept.The wet ponds have been
over-designed for maximum buildout of the contributing drainage area to accommodate any and all future contributing uses.
Stormwater control measures(SCMs)in the Apple Creek Corporate Park development have been designed to detain the 1 and 2-year,24-hour storms to the predevelopment peak
flow.In addition,SCMs in the Apple Creek Corporate Park development have been designed to safely pass the 100-year,24-hour storm.
The Stormwater Control Letter of Approval issued by the Gaston County Natural Resources Department,delegated Stormwater Phase II program,is attached in the Miscellaneous
section.
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
lb.If you answered"yes"to the above,does the project require preparation of an environmental document pursuant to the requirements of the National or State(North Carolina)
Environmental Policy Act(NEPA/SEPA)?*
✓ Yes R No
Comments:*
To determine whether the proposed project may be subject to SEPA/NEPA review requirements,Lynn Hardison,DEQ SEPA Coordinator was
contacted on April 23,2020.Lynn directed the applicant to the current regulations and minimum criteria and provided the following information:
Pursuant to GS_113A-12:'...no environmental document shall be required in connection with:(2)an action approved under:i.A certification issued
by the Division of Water Resources of the Department of Environmental Quality under the authority granted to the Environmental Management
Commission by G.S.1436-282(a)(1)4.'As summarized by Lynn,since the project would be authorized by a Section 401 Water Quality Certification,
SEPA does not apply.
In addition,while the project is funded by the Gaston County Economic Development Commission and Gaston County,environmental impacts fall well
below the minimum criteria thresholds established by DWR including 500 linear feet of perennial channel and one acre of wetlands;the Apple Creek
Corporate Park project will permanently impact 106 linear feet of perennial stream and 0.242 acre of wetlands.
2.Violations(DWR Requirement)
2a.Is the site in violation of DWR Water Quality Certification Rules(15A NCAC 2H.0500),Isolated Wetland Rules(15A NCAC 2H.1300),or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules(15A NCAC 2B.0200)?*
✓ Yes ( No
3. Cumulative Impacts(DWR Requirement)
3a.Will this project result in additional development,which could impact nearby downstream water quality?*
✓ Yes f No
3b.If you answered"no,"provide a short narrative description.

Potential indirect and cumulative impacts(ICI)attributable to the construction and operation of the Apple Creek Corporate Park have been evaluated.
The corporate park will provide many needed assets to the residents and taxpayers of Gaston County.In conjunction with land development and
business recruitment opportunities,the business park will provide a new thoroughfare connecting Highway 279 and Highway 275 together between
White Jenkins Road and the 279/275 merger in Dallas.This road will remove nearly a mile and a quarter of excess travel along 279 and just over a
mile on 275 for traffic travelling between the two highways.This will also provide shortened response time for emergency personnel and first
responders to traverse the same distance.
Growth in the vicinity of the proposed corporate park is expected to continue whether the park is constructed or not.While business recruitment
activities will attempt to generate synergy within the park,it's not anticipated that future park tenants will stimulate growth beyond the park boundaries.
The City of Cherryville and Gaston County have plans and ordinances in place to effectively manage growth and development,while protecting
natural resources within the project vicinity.
With the exception of the proposed stream crossing and associated utility relocations,the proposed construction limits for the future business park
have been established to avoid the jurisdictional wetlands and waters of the site as depicted on Exhibits WTL-1.00 and 1.01.A master stormwater
management plan has been developed as part of the thoroughfare construction and associated mass grading efforts.The proposed storm water
management master plan for the future business park will be accomplished by utilizing a combination of Best Management Practices(BMPs)to provide
runoff quantity control(peak flow)and water quality treatment(pollutant removal).Seven permanent BMPs are proposed for this project,which will all
be wet ponds.Impacts to jurisdictional waters of the U.S.are not anticipated during the park build out effort.Stormwater management facilities will
meet the requirements of Gaston County which has been granted delegated authority from NCDEQ.The stormwater management plan which includes
the incorporation of permanent wet ponds will be an essential park element that will ensure the protection of downstream water quality.Current plans
do not call for building pads but rather gently sloped cleared lots with grass.Initially there are no drives and no paving outside of the parkway,and no
'lot'lines.Future building pads will be finalized as businesses are recruited and a Build to Suit tenant or client commits to buying the property from the
county for a project.At that time the process of platting the lot and getting all approvals and permits for construction on that lot will be defined for that
particular project.
Future buildout of the park will be governed by Gaston County and local ordinances as well as the Covenants and Restrictions of Apple Creek
Corporate Park and the Apple Creek Code Comparison documents which are attached in the Miscellaneous section.Several covenants and
restrictions are highlighted below,which will help minimize potential indirect and cumulative impacts associated with the buildout.
•The maximum building footprint coverage of all buildings,including accessory buildings but not including parking structures or surface parking,shall
not exceed 50 percent of the gross lot area.The maximum site coverage by building,parking lot,and all site circulation shall be limited to 75 percent
of the gross lot area,excluding public street.
•A minimum of at least 10 percent of the lot gross area shall be devoted to interior landscape planting.These areas shall consist of parking lot interior
landscape islands,landscape planting around buildings,and tree save areas interior to the developed portion of the site,and five(5)feet strips
parallel to the outside edge of the parking lot.Setbacks,buffers,and future development areas shall not be considered when determining the interior
landscape requirements.
•Structures up to 50 feet in height are permitted in accordance with the provisions of the plan.Structures may exceed 50 feet provided that a site
development plan is first submitted by the applicant and approved by the Gaston County or Gastonia Planning Commission.
•No building,parking,or other structures shall be permitted to be constructed closer than 50 feet from the right-of-way of the parkway.
•No building,parking or other structure shall be permitted within 30 feet of the corporate park exterior property line and 50 feet along all other streets,
public or private,existing and proposed.
In the unlikely event that a future park tenant necessitates an expansion of the construction limits in order to accommodate a future building pad and
the subsequent impacts to stream or wetlands,then a Section 404/401 application to the USAGE and NCDWR will be required.Pursuant to Nationwide
Permit 39,Commercial and Institutional Developments,any impacts to jurisdictional streams,wetlands or waters requires a pre-construction
notification to the USACE.Future development activities would also be governed by County floodplain ordinances and state sediment and erosion
control regulations.Collectively,these ordinances and regulations will effectively minimize indirect and cumulative impacts both during construction
and operationally,thereby safeguarding downstream water quality.
The notable natural environmental features found within the project area are provided multiple protections under state and federal laws and local
permitting ordinances.The cumulative effect of this project when considered in the context of other past,present,and future actions,and the resulting
impact on the notable human and natural features,will not notably contribute to cumulative impacts to environmental resources in the project area.
Direct natural environmental impacts by the project sponsor have been minimized to the maximum extent practicable while still serving the purpose of
the project.All future development will be required to follow local,state,and federal guidelines and permitting regulations.No significant indirect or
cumulative impacts to downstream water quality are anticipated due to the construction of Apple Creek Corporate Park project.
4.Sewage Disposal(DWR Requirement)
4a.Is sewage disposal required by DWR for this project?*
C• Yes C• No 6 N/A
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 C- No
5b.Have you checked with the USFWS concerning Endangered Species Act impacts?*
✓ Yes C- No
5c.If yes,indicate the USFWS Field Office you have contacted.
Asheville
5d.Is another Federal agency involved?*
✓ Yes C' No r Unknown
5e.Is this a DOT project located within Division's 1-8?
✓ Yes G No
5f.Will you cut any trees in order to conduct the work in waters of the U.S.?
s Yes r No
5g.Does this project involve bridge maintenance or removal?
C• Yes G No

5h.Does this project involve the construction/installation of a wind turbine(s)?*
✓ Yes rNo
5i.Does this project involve(1)blasting,and/or(2)other percussive activities that will be conducted by machines,such as jackhammers,mechanized pile drivers,etc.?
✓ Yes O. No
5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPaC and NCNHP data and site specific surveys.A scoping letter was also sent to the USFWS requesting comments on the project;USFWS
responded that they needed more information on the project,specifically project design plans,or a description of proposed project-mediated impacts
to natural resources,as well as a description of proposed impact avoidance,minimization,and/or mitigation measures.A copy of the initial Section
404/401 application was submitted to Byron Hamstead at USFWS on April 23,2020;their response letter dated May 21,2020 is attached and
indicates that there is no concern for federally listed threatened/endangered species and no additional information is required.
Consultation Documentation Upload
USFWS 19-308_Apple Creek Corporate Center Phase 3_Gaston Co.pdf 329.8KB
NCNHP_Report_Nov20_2019.pdf 998.69KB
19-308_(survey results)Apple Creek Corporate Center Phase 3_Gaston Co.pdf 340.85KB
6. Essential Fish Habitat(Corps Requirement)
6a.Will this project occur in or near an area designated as an Essential Fish Habitat?*
✓ Yes 6 No
6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources(Corps Requirement)
7a.Will this project occur in or near an area that the state,federal or tribal governments have designated as having historic or cultural preservation status?*
✓ Yes R No
7b.What data sources did you use to determine whether your site would impact historic or archeological resources?*
A request for evaluation letter was sent to SHPO in January 2020;their response revealed that the Hambright-Jenkins Cemetery is located in the
southwestern corner of the study area.The attached exhibit depicts SHPO's mapped area of concern overlain by the original limits of construction;the
applicant has acknowledged SHPO's boundary and revised the limits of construction to avoid this area.The applicant is also aware of state
regulations as well as the Corps'nationwide permit program general conditions that would require construction activities to cease in the event human
remains are unearthed.
7c.Historic or Prehistoric Information Upload
Hambright-Jenkins Cemetery limit exhibit.pdf 399.36KB
8. Flood Zone Designation(Corps Requirement)
8a.Will this project occur in a FEMA-designated 100-yearfloodplain?*
6. Yes r No
8b.If yes,explain how project meets FEMA requirements:
The fill within the floodplain for the roadway crossing and sanitary sewer manholes will comply with applicable FEMA-approved local floodplain
management requirements.
8c.What source(s)did you use to make the floodplain determination?*
FEMA FIRM Mapping.Additionally,a Flood Commercial permit was issued by Gaston County for the Apple Creek Corporate Park project.The permit
number is FLD-20-05-15-00058;the Flood Permit is attached in the Miscellaneous section.
Miscellaneous
Comments
The initial ePCN submittal for the Apple Creek Corporate Park project was submitted on February 4,2020(NC DWR#20200186).Upon review of the application,DWR determined that
the application lacked necessary information required to make an informed permit decision and a denial letter was issued on April 14,2020.The Miscellaneous attachments support the
areas that were deemed deficient and described previously.Attachments include a Stormwater Management Report/Erosion and Sedimentation Control Plan;Stormwater Approval
Letter from Gaston County;Floodplain Development Permit from Gaston County;Covenants and Restrictions of Apple Creek Corporate Park;Code Comparisons which compares the
various regulations of the park;and Supplemental Information regarding the Threatened and Endangered Species that are listed in Gaston County.
In conversations following DWR's 401 WQC denial,Donna Hood had also requested documentation from NCDOT that the Department agreed with the stream impacts presented in the
application and that design approval of the proposed culvert would not result in changes to these impacts.On December 2,2020,Jonathan Moore with NCOT's Hydraulics Unit issued
an e-mail to Benesch,the project civil engineer,that the culvert design and final design plans were approved;no changes to the impacts reported in the original 404/401 permit
application resulted during the addressment of NCDOT's review comments.A culvert design exception is being granted with an associated agreement that Gaston County will maintain
the structure(see Miscellaneous attachments for document titled'Letter to Blake Guffey NCDOT').NCDOT's contacts in this matter are C.Blake Guffey,District Supervisor District 1,
Division 12(980.552.4104,[e-mail])and Mark Stafford(Division Engineer,Division 12).
Current applications for Section 401 WQC require the submittal of Pre-Filing Meeting Request Form to DWR at least 30 days prior to submittal of the WQC application.Extensive
coordination with DWR has taken place since the original 401 WQC application in this matter was denied.The attached Memo prepared by DWR's Donna Hood,dated December 3,
2020(see Miscellaneous attachments for document titled'Memo for Apple Creek Business Park resubmittal')describes the coordination efforts and confirms that the 30 day Pre-Filing
meeting requirement has been met.
Miscellaneous attachments not previously requested.

Apple Creek_Code Comparison.pdf 109.15KB
Apple Creek_Covenants and Restrictions.pdf 368.29KB
Apple Creek_FloodPermit.pdf 203.24KB
Apple Creek_Storm Water Management Report-Erosion and Sedimentation Control Plan.pdf 101.29MB
Apple Creek_Stormwater Letter Of Approval.pdf 323.45KB
T&E Supplemental info for Apple Creek PCN Form.pdf 103.67KB
Letter to Blake Guffey NCDOT-Apple Creek Culvert.pdf 141.33KB
Memo for Apple Creek Business Park resubmittal.docxpdf 401.4KB
Apple Creek Economic Impact.pdf 130.02KB
Signature
®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:
Michael A.lagnocco,PWS
Signature
rfrrr 16 rywomo
Full Name(Co-Signor)*
Donny Hicks
Co-Signor Signature*
4(e...24,4wee.70B
Date
12/14/2020