20221727 Ver 1_ePCN Application_20221205

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
9/28/2022
BIMS # Assigned* Version#*
20221727 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
Efland Industrial Site
la. Who is the Primary Contact?*
Adam Simpson
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:eads\ztthomas
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/5/2022
Nearest Body of Water
Sevenmile Creek
Basin
Neuse
Water Classification
WS-II;HQW,NSW
Site Coordinates
Latitude: Longitude:
36.075510 -79.163810
A. Processing Information
County (or Counties) where the project is located:
Orange
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

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: 39 - Commercial/Institutional Developments
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
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?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. 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?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. 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
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Oppidan, Inc.
2b. Deed book and page no.:
2c. Contact Person:
Adam Simpson
2d. Address
Street Address
2000 Regency Parkway, Ste 435
Address Line 2
City
Cary
Postal /Zip Code
27518
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
William Sullivan, PWS
4b. Business Name:
4c. Address
Street Address
421 Fayetteville Street
Address Line 2
Suite 600
City
Ralegh
Postal / Zip Code
27601
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
City of Mebane; Efland
2. Project Identification
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number:
9854161576; 9854363711, 9854051970
2c. Project Address
Street Address
N/A (See Figure 1: Vicinity Map)
Address Line 2
City
Efland
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Sevenmile Creek
3b. Water Resources Classification of nearest receiving water: *
WS-II;HQW,NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202010302
4. Project Description and History
2b. Property size:
127.5
State / Province / Region
NC
Country
USA
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 project study area currently exists as an undeveloped tract of land primarily composed of pasture and forestland. The project is located north of the Interstate 40 corridor, west of the I-
85/US-70 Connector, south of Southern Drive, and east of Mt Willing Road. The project vicinity is primarily composed of interstate corridors, undeveloped forestland, agriculture fields, and
pastures with scatted single-family residences and commercial 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:
1.86
4g. List the total estimated linear feet of all existing streams on the property:
861
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct an industrial development along the 1-40/1-85 corridor with access to North Carolina's major metropolitan areas.
41. 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 4 buildings and associated parking lots, trailer lots, and multiple stormwater treatment ponds. The proposed
industrial buildings would constitute approximately 780,000 square feet of building space and will serve as distribution centers, storage warehouses, and other light industrial uses. The
project will construct and improve connections to Mt. Willing Road and the I-85/US-70 Connector to serve as the primary entrances into the project study area. Typical site development
equipment will be utilized during construction, including but not limited to excavators, bulldozers, graders, and dumptrucks.
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 delineated the project area on June 10, 2020 and again in July 2021, and identified
three intermittent streams (S1, S2, and S3), four open waters (OW1, OW2, OW3, and OW4), and six
wetlands (W1-W6).
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
Kimley-Horn submitted an Approved Jurisdictional Determination to the US Army Corps of Engineers
on August 13, 2021, which was returned due to the vacatur of the Navigable Waters Protection Rule.
The proposed Section 404/401 Permit Application will be accompanied by a Preliminary Jurisdictional
Determination request. Additionally, a Riparian Buffer Authorization/No Practical Alternatives
Application will be submitted to Orange County if necessary.
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
William Sullivan, PWS and Emma Radford, WPIT
Kimley-Horn
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?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
Impact Site 1
Road/ Driveway
Crossing
P
Headwater Forest
Wetland W3
Yes
Both
0.330
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.330
2g. Total Permanent Wetland Impact
0.330

2i. Comments:
Unavoidable impacts to wetlands will result from the proposed project. At Impact Site 1, permanent impacts to wetland W3 will result from the proposed
internal roadway construction. In total, the project proposes 0.33 acre of permanent wetland impacts.
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 wetlands, streams, and riparian buffers within the project area were avoided and minimized to the extent practicable throughout the design of
the project. The buildings, associated facilities, and internal roadways have been intentionally sited to reduce the overall impact to wetland features and
avoid all stream and Neuse River buffers impacts. The proposed site grading was designed and tightened to avoid environmental features. The
proposed roadway fillslope was has been reduced to the extent practicable to minimize impacts to wetland W3. The proposed SCMs have been located
entirely within upland areas and designed to still effectively capture and treat stormwater generated from the site. The proposed roadway has been
designed with a culvert to carry hydrology from the upstream watershed to downstream waters and maintain connectivity through the wetland. A rip rap
dissipater is proposed below the culvert to ensure that flow is attenuated and non -erosive.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to jurisdictional features and riparian buffers within the project area will be minimized and avoided to the extent practicable 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 construction site to help ensure that all equipment will remain within the permitted limits of disturbance throughout the construction
process. Temporary erosion and sediment control measures and other BMPs will be utilized to reduce construction stormwater impacts to receiving
waters 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
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Fall Creek Umbrella Mitigation Bank (Wildlands)
3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Riparian wetland
3c. Comments
Quantity:
0.66
The project proposes to provide compensatory mitigation credits at a 2:1 ratio for the 0.33 acre of permanent impacts to wetland W3. To offset these
losses, wetland credits have been reserved through the Fall Creek Umbrella Mitigation Bank. Specifically, wetland credits will be provided from the
Falling Creek Mitigation Site, Grantham Branch Mitigation Site, and McClenny Acres II Mitigation Site. The Statement of Availability from the mitigation
banker (Wildlands) has been included as part of this application.
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.
Yes No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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
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
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
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
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Orange County
Comments:
The proposed Stormwater Plan will be reviewed and approved by Orange County prior to construction of the project.
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 result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
This is being constructed as a single and complete project.
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 project will involve the relocation of a public 8" DIP sanitary sewer running North -South through the center of the property. Concurrent to the
installation of the public sewer relocation, three connections to the new line will also be installed. The proposed development will generate an
approximate 16,800 gallons average daily flow. A Will Serve Letter provided by the City of Mebane confirms the public system has sufficient capacity for
the additional 16,800 gallons average daily flow.
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
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 November 22, 2022, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) tool lists four protected species
with potential to occur within the project vicinity: Neuse River waterdog, Carolina madtom, Atlantic pigtoe, and dwarf wedgemussel. 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 2022) to determine if there are any
known occurrences of federally protected species in the project study area or its vicinity. One known occurrences of protected species (Michaux's
sumac) was recorded in or within 1.0-mile of the project study area.
Suitable habitat for the Neuse River waterdog is not present within the project study area. Streams within the project study do not have adequate levels
of dissolved oxygen to serve as habitat for the Neuse River waterdog. A review of the NCNHP database records (updated October 2022) revealed no
known occurrences of the Neuse River waterdog in or within 1.0-mile of the project study area. Additionally, no stream impacts will result from the
proposed project. Due to the lack of suitable habitat, lack of known occurrences, and the lack of stream impacts resulting from the project, it has been
determined that the proposed project will have "No Effect" on the Neuse River waterdog.
Suitable habitat for the Carolina madtom is not present within the project study area. Streams within the project study area lack sufficient flow, riffle -run
structure, and grade control to provide suitable habitat for the Carolina madtom. A review of the NCNHP database records (updated October 2022)
revealed no known occurrences of the Carolina madtom in or within 1.0-mile of the project study area. Additionally, no stream impacts will result from the
proposed project. Due to the lack of suitable habitat, the lack of known occurrences, and the lack of stream impacts resulting from the project, it has
been determined that the proposed project will have "No Effect" on the Carolina madtom.
Suitable habitat for the Atlantic pigtoe is not present within the project study area. Streams within the project study do not have adequate levels of
dissolved oxygen to serve as habitat for the Atlantic pigtoe. A review of the NCNHP database records (updated October 2022) revealed no known
occurrences of the Atlantic pigtoe in or within 1.0-mile of the project study area. Additionally, no stream impacts will result from the proposed project. Due
to the lack of suitable habitat, the lack of known occurrences, and the lack of stream impacts resulting from the project, it has been determined that the
proposed project will have "No Effect" on the Atlantic pigtoe.
Suitable habitat for the dwarf wedgemussel is not present within the project study area. Streams within the project study area lack adequate levels of
dissolved oxygen and bank stabilization to serve as habitat for dwarf wedgemussel. A review of the NCNHP database records (updated October 2022)
revealed no known occurrences of the dwarf wedgemussel in or within 1.0-mile of the project study area. Additionally, no stream impacts will result from
the proposed project. Due to the lack of suitable habitat, the lack of known occurrences, and the lack of stream impacts resulting from the project, it has
been determined that the proposed project will have "No Effect" on the dwarf wedgemussel.
Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for
nesting sites, typically within 1.0 mile of open water. Bald eagle habitat is not present within the project study area. No water bodies large enough or
sufficiently open to be considered potential feeding sources were found to occur in or within 1.0-mile of the project study area. Additionally, a review of
the NCNHP database (updated October 2022) revealed no known occurrences of bald eagle in or within 1.0 mile of the project study area. Due to the
lack of suitable habitat and the lack of known occurrences, it has been determined that the proposed project will have "No Effect" on the bald eagle.
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 Mapper was reviewed on October 3, 2022. No essential fish habitat was found within the project study area or within the
project vicinity.
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 No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
A review of the NC State Historic Preservatoin Office (NCSHPO) HPOWEB GIS Service database performed on October 3, 2022 identified no National
Register or Determited Eligible listings in or within 1.0 mile of the project area.
One Study List resource, the S.C. Forrest House II, is located approximately 0.2 mile north of the project study area. The S.C. Forrest House II is
separated from the Site by 3 roadway corridors, 1 railroad corridor, undeveloped forestland, and multiple residential structures. Due to the separation
from this Study List resource and the minimal visual impact resulting from the proposed project, it is anticipated that the proposed project will have no
effect on the S.C. Forrrest House II.
Additionally, one "Survey Only" historic resource, the Thompson House, was identified within the project study area. Due to the listing status of SO, this
resource does not currently receive protection under the National Historic Preservation Act. If the listing status changes to NR, SL, or DOE prior to
construction, the potential for impacts to this resource may need to be re-evaluated.
Thirty-four other historical and cultural resources currently listed as "Blockface", "Survey Only", "Survey Only, Gone", and "Surveyed area" were found
within 1.0-mile of the project study area. Due to the distance from these resources and the listing status as Surveyed Only, it is anticipated that the
proposed project will have no effect these resources.
The proposed project would develop a property that has been historically impacted by the Interstate 40 corridor/interchange, utilized for agricultural and
pastural activities for more than 50 years, and is not located along a river system. For these reasons, it is unlikely to contain any remnant archaeological
artifacts and development of the property is not anticipated to have any impact on historical or archaeological resources.
8. Flood Zone Designation (Corps Requirement)
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 Map (DFIRM) Panels 3710985500K (effective 11/17/2017) and 3710984500J (effective 2/2/2007) were accessed on
October 4, 2022. No FEMA Special Flood Hazard Areas (SFHAs), Zone AE, or Zone X are present in or within the vicinity of the project study area.
Miscellaneous
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_Eflandlndustrial_NWP39_Cover_Letter.pdf 606.32KB
03_SIGNED_Eflandlndustrial_USACE_Optionee_Agent Authorization Form (003).pdf 232.58KB
04_Efland_Figures.pdf 6.74MB
05_Efland_PermitDrawings.pdf 4.05MB
06a_C5.0 Overall Grading & Drainage Plan.pdf 1.73MB
06b_Efland - Area 5 Grading & Drainage Plan.pdf 799.9KB
08_Efland_Preliminary_JD_20221111.pdf 6.25MB
File roust be PDF or KMZ
Comments
On behalf of our client, Oppidan, Inc., Kimley-Horn is submitting the attached application for authorization under a Nationwide Permit (NWP) 39 for the above referenced project in Orange
County. The project proposes to construct an industrial development consisting of 4 buildings and associated parking lots, trailer lots, and multiple stormwater treatment ponds. The
proposed industrial buildings would constitute approximately 780,000 square feet of building space and will serve as distribution centers, storage warehouses, and other light industrial
uses. The project will construct and improve connections to Mt. Willing Road and the I-85/US-70 Connector to serve as the primary entrances into the project study area.
To assist in your review of this NWP application, the following information has been included:
• Signed Agent Authorization Form
• Project Figures
• Preliminary Jurisdictional Determination
• Permit Impact Drawings
• Mitigation Bank Statement of Availability
• Site Plan Sheets
If you need any additional information to assist in your review of this NWP application, feel free to contact me at 919-677-2113 or [e-mail].
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, PWS
Signature
ate.ry a5
Date
12/5/2022