20211593 Ver 1_02_Submitted_ePCN_20220103

I
IntlI
DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver 4.1
Please note: fields marked with a red asterisk - below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN % 20Help % 20File % 202018-1-30.pdf
A. Processing Information
County (or Counties) where the project is located:*
Durham
Is this a NCDMS Project*
Yes No
Click Yes, only if NCDMS is the applicant or co -applicant.
Is this project a public transportation project?*
Yes No
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.
la. Type(s) of approval sought from the Corps: *
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization? *
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?*
Yes No
Nationwide Permit (NWP) Number: Multiple NWP #'s (specify below)
NWP Numbers (for multiple NWPS):
The proposed project has applied for a Nationwide Permit #39 under a separate application. This application is for a Federally Non -Jurisdictional Wetlands and Waters State General
Permit.
List all NW numbers you are applying for not on the drop down list.
ld. Type(s) of approval sought from the DWR:*
check all that apply
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
401 Water Quality Certification - Express
Riparian Buffer Authorization
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
lf. Is this an after -the -fact permit application?*
Yes No

lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
If so, attach the acceptance letter from mitigation bank or in -lieu fee program.
Yes No
Acceptance Letter Attachment
Click the upload button or drag and drop files here to attach document
FILE TYPE MUST BE PDF
lh. Is the project located in any of NC's twenty coastal counties?*
Yes No
1j. Is the project located in a designated trout watershed? *
Yes No
Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx
B. Applicant Information
la. Who is the Primary Contact?*
William Sullivan
1 b. Primary Contact Email:*
[e-mail]
Id. Who is applying for the permit?*
Owner
(Check all that apply)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed: *
Scannell Properties #539 (Under Contract to Purchase)
2b. Deed book and page no.:
N/A
2c. Contact Person:
(for Corporations)
Joel Scannell
2d. Address*
Street Address
1800 Diagonal Road
Address Line 2
Suite 600
City
Alexandria
Postal / Zip Code
22314
2e. Telephone Number: *
(xxx)xxx-xxxx
[phone]
2f. Fax Number:
(xxx)xxx-xxxx
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:*
William Sullivan
4b. Business Name:
(if applicable)
Kimley-Horn
lc. Primary Contact Phone:*
(xxx)xxx-xxxx
[phone]
Applicant (other than owner)
State / Province / Region
VA
Country
USA

4c. Address*
Street Address
421 Fayetteville Street
Address Line 2
Suite 600
City
Raleigh
Postal / Zip Code
27601
4d. Telephone Number: *
[phone]
(xxx)xxx-xxxx
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
4e. Fax Number:
(xxx)xxx-xxxx
1. Project Information
la. Name of project:*
NC-55 and Hopson Road Site
1 b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town: *
Durham
2. Project Identification
2a. Property Identification Number:
(tax PIN or parcel ID)
0737-03-12-0698; 0737-01-43-4023; 0737-03-
21-4913; 0737-11-60-1224; 0737-03-11-3560;
0737-20-18-9266;0727-04-72-8558;0727-81-
21-4813;0737-03-11-6682;0727-04-82-9266
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
2d. Site coordinates in decimal degrees
2b. Property size:
On acres)
241
State / Province / Region
Country
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was
determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude: * Longitude: *
35.871109 -78.899202
ex: 34.208504 -77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Northeast Creek
3b. Water Resources Classification of nearest receiving water: *
WS-IV;NSW
Surface Water Lookup
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.*
030300020605
River Basin Lookup
4. Project Description and History

4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The approximately 241-acre project site is situated between NC- 55, Grandale Drive, Green Level Church Road, and Northeast Creek along the southeastern boundary of Durham County,
NC. The project site is bordered by maintained roadway corridors along the eastern boundary (NC- 55) and southern boundary (Green Level Church Road) and Northeast Creek along the
northern and western boundaries. The area immediately north of the site is part of the Jordan Lake Gameland managed by NC Wildlife Resources Commission and owned by the US Army
Corps of Engineers. The western portion of the project site is composed of maintained pine forests and the eastern portion of the project site exists as a relic clay mine with a large quarry
and an unimproved road network. Land use in the project vicinity consists of undeveloped forested tracts with pockets of commercial, recreational, institutional, and single-family residential
developments.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.23 acre of Federally Non -Jurisdictional Wetlands
4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
630 linear feet of Federally Non -Jurisdictional Streams
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is to construct an industrial development in southeast Durham County, NC.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project proposes to construct an industrial development consisting of 5 buildings and associated parking lots, trailer lots, and multiple stormwater treatment ponds. The proposed
industrial buildings will serve as distribution centers, storage warehouses, and other light industrial uses. The proposed project will include the mass grading of the site and filling of the
relic mine quarry, the extension of Hopson Road, and construction of the proposed industrial buildings and associated infrastructure. Hopson Road will be extended through the site and
serve as the primary entrance to the development and will terminate at a cul-de-sac in the southwestern corner of the project. In addition, a secondary driveway connection into the site will
be constructed along Green Level Church Road. Typical site preparation and construction equipment will be utilized including but not limited to bulldozers, excavators, graders, cranes,
dump trucks, and pavers.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
Kimley-Horn staff conducted a wetland delineation of the site on February 4, 2021.
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
Example: SAW-2017-99999
SAW-2021-00064
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
William Sullivan & Jason Hartshorn, PWS
Kimley-Horn
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR.
An Approved and Preliminary Jurisdictional Determination (SAW-2021-00064) was issued by April Norton of the USACE on April 7, 2021. A Stream Determination Letter (COD Jordan #
2021-011) was issued by Travis Marion of the City of Durham on May 1, 2021. The Approved Jurisdictional Determination identified wetlands and channels that were determined to not be
subject to federal jurisdiction. Additionally, the Durham Stream Determination Letter identified streams and surface waters that were at least intermittent and subject to the Jordan Lake
Watershed Buffer Rules. All wetlands determined not subject to federal jurisdiction and all streams determined to be at least intermittent have been assumed subject to State protection.
Impacts to 404/401 wetlands and streams will be permitted under a separate Nationwide Permit 39 application. Open waters within the Site were determined to be manmade and
disconnected to downstream waters (not subject to buffers) and are therefore considered exempt from permitting under NJGP100000.
6. Future Project Plans
6a. Is this a phased project?*
Yes 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? This includes other
separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification.
The proposed project is a single and complete undertaking and no additional phases are anticipated. The proposed project has submitted an application for authorization under Nationwide
Permit 39 for impacts to 404/401 jurisdictional wetlands resulting from the project (BIMS #20211593).
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
Buffers
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.

"W." will be used in the table below to represent the word "wetland".
2a. Site #* (?)
2a1 Reason * (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
1
Fill
P
Headwater Forest
W3 (Non-404)
Yes
DWR
0.050
(acres)
1
Fill
P
Headwater Forest
W7 (Non-404)
Yes
DWR
0.100
(acres)
2
Fill
P
Headwater Forest
W1 (Non-404)
Yes
DWR
0.020
(acres)
2
Fill
P
Headwater Forest
W2 (Non-404)
Yes
DWR
0.060
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.230
2g. Total Wetland Impact
0.230
2i. Comments:
Unavoidable permanent impacts to federally non -jurisdictional wetlands W1, W2, W3, and W7 will result from the proposed project. At Site 1, permanent
impacts to federally non -jurisdictional wetlands W3 and W7 will result from the necessary grading required to construct the Hopson Road extension, an
interior site driveway, and grading for a stormwater control pond. At Site 2, permanent impacts to federally non -jurisdictional wetlands W1 and W2 will
result from the necessary grading and fill required to level the site for building 4, the associated parking lot, and driveway.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted.
"S." will be used in the table below to represent the word "stream".
3a. Reason for impact* (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width*
3h. Impact
length*
S1
Site 1 - Road Crossing
Permanent
Culvert
S3 (Non-404)
Isolated - DWR
Only
DWR
7
Average (feet)
188
(linear feet)
* All Perennial or Intermittent streams must be verified by DWR or delegated local government.
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
188
31. Total temporary stream impacts:
0
3i. Total stream and ditch impacts:
188
31. Comments:
Unavoidable permanent impacts to federally non -jurisdictional stream S3 will result from the proposed project. At Site 1, permanent impacts to federally
non -jurisdictional stream S3 will result from the necessary grading required to construct the roadway and culvert installation.
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:*
Impacts to the federally non -jurisdictional wetlands and stream within the project area were avoided and minimized to the extent practical throughout the
design of the project. The proposed roadway crossing has been intentionally located perpendicularly to stream S3 to reduce the amount of impacts
proposed. Grading along the Hopson Road extension was designed and tightened to the extent feasible to minimize the proposed impacts to federally
non -jurisdictional wetlands and streams within the project site. The project layout was aligned to avoid jurisdictional features and riparian buffers to the
maximum extent possible and as a result, impacts to non-404 wetlands that are disconnected from downstream receiving waters were determined
necessary to accommodate the project size.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: *
Impacts to the federally non -jurisdictional wetlands and stream within the project area will be minimized and avoided to the extent practical throughout
the construction process. Where feasible, staging and construction access routes will be located in upland areas throughout the site. Silt fencing will be
installed around the permitted area to help ensure that all equipment will remain within the project limits of disturbance throughout the construction
process. Temporary erosion and sediment control measures will be used to reduce construction stormwater impacts and minimize runoff from the
construction site.

2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The project proposes to impact a total of 188 linear feet of federally non -jurisdictional perennial stream and 0.23 acre of federally non -jurisdictional wetlands. Per 15A NCAC 02H .1405
subparagraph C (2-3), compensatory mitigation is not required for projects impacting less than 300 linear feet of federally non -jurisdictional perennial streams and less than 1/2 acre of
federally non -jurisdictional wetlands in the Piedmont Region.
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
*** Recent changes to the stormwater rules have required updates to this section .***
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program,
include a plan that fully documents how diffuse flow will be maintained.
All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be
provided.
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
(check all that apply)
For a list of options to meet the diffuse flow requirements, click here.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?*
Yes No
To look up low density requirement click here 15A NCAC 02H .1003(2).
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? *
Yes No
N/A - project disturbs < 1 acre
Hint: projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer
no to this question.
2d. Which of the following stormwater management program(s) apply (check all that apply): *
Local Government State
If you have a local government approval please include the SMP on their overall impact map.
Local Government Stormwater Programs*
Phase II NSW
USMP Water Supply
Please identify which local government stormwater program you are using.*
City of Durham
Comments:
The proposed project will receive stormwater approval from the City of Durham, the state -approved local government stormwater program, prior to construction. The attached preliminary
plan sheets show the proposed SCM devices that have been sized to treat and remove a minimum of 30 % of the total nitrogen and phosphorous from the stormwater generated from the
proposed development.
Stormwater generated from the site will be captured and treated in constructed stormwater ponds. The proposed SCMs have been sized to treat the stormwater generated from the
proposed project and will comply with the City of Durham' s state -approved stormwater program.
G. Supplementary Information
1. Environmental Documentation

la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed development is a single and complete project. Construction of the proposed project will not result in cumulative impacts or additional
development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
The proposed development will be serviced by a pump station and force main sanitary sewer system that will tie into existing lines adjacent to the site
along NC- 55 and no offsite utility extensions are required. Sewer connection approval will be obtained from the City of Durham prior to construction.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?*
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?*
Yes No
5g. Does this project involve bridge maintenance or removal?*
Yes No
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?**
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?*
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?*
As of October 15, 2021, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) tool lists three species with potential
to occur within the project vicinity. The bald eagle (Haliaeetus leucocephalus) also has potential to occur in the project vicinity and is protected under the
Bald and Golden Eagle Protection Act (BGPA). Kimley-Horn reviewed the NC Natural Heritage Program (NCNHP) element occurrence database
(updated October 2021) to determine if there are any known occurrences of federally protected species in the project study area or its vicinity. The
NCNHP database records indicate that there are no known occurrences of any federally protected species in or within 1. 0 mile of the project study area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
The NOAA Essential Fish Habitat Mapper was reviewed on October 15, 2021. No essential fish habitat was identified within the project site or within the
vicinity of the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http1/gis.ncdcr.gov/hpoweb/

7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust
designation or properties significant in North Carolina history and archaeology)?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
A review of the State Historic Preservation Office (NCSHPO) HPOWEB GIS Service database performed on October 15, 2021 identified no national
register, study list, or determined eligible sites within the project study area.
Due to the lack of known historical and cultural resources within the Site and the lack of National Register, Study List, and Determined Eligible resources
within 1. 0 mile of the Site, as indicated by the NCSHPO HPOWEB GIS Database (accessed October 2021), it is anticipated that the proposed project
will not have any impact on known historic or cultural resources.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination? *
The FEMA Digital Flood Insurance Rate Map (DFIRM) panels 3720072700K (Effective 02/02/2007) and 3720073700J (effective 05/02/2006) indicates
there are 1 % Annual Chance Flood Hazard (Zone AE) and Future Conditions 1 % Annual Chance Flood Hazard along Northeast Creek; however they
are located outside of the project limits of disturbance.
Miscellaneous
Comments
Please refer to the attached cover letter for detailed project information and documents.
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
01_NC55_ISOLATED_Cover_Letter.pdf 21.98MB
File must be PDF or KMZ
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:*
William Sullivan
Signature*
%iltez/rLc9,./Zei•kor
Date
11/5/2021