20221727 Ver 1_01_EflandIndustrial_NWP39_Cover_Letter_20221205

Kimley»>Horn
December 5, 2022
Ms. April Norton
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Mr. Zachary Thomas
NC Division of Water Resources
401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, NC 27604
RE: Nationwide Permit 39 Application — Efland Industrial Site
Efland, Orange County, North Carolina
Dear Ms. Norton and Mr. Thomas:
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 1-85/US-70 Connector to serve as the primary
entrances into the project study area.
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). 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. This application is accompanied by a Preliminary Jurisdictional
Determination request covering the project area. Additionally, if necessary, a Riparian Buffer
Authorization/No Practical Alternatives Application will be submitted to Orange County as the
delegated local government within the Neuse River Basin.
Impacts to streams, wetlands, open waters, and buffer zones have been avoided and minimized to
the extent practicable through project design and layout. However, unavoidable and necessary
impacts to wetland W3 will result from the proposed project. At Impact Site 1, permanent impacts to
wetland W3 will result from the construction of a driveway entering the site from Mt Willing Road. In
total, the project proposes 0.33 acre of permanent wetland impacts.
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 payment to Wildlands' "Fall Creek Umbrella Mitigation Bank". Specifically, wetland credits will
be provided from the Falling Creek Mitigation Site, Grantham Branch Mitigation Site, and McClenny
Acres 11 Mitigation Site. The Statement of Availability from the Wildlands has been included as part of
this application.

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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].
Sincerely,
William Sullivan, PWS
Kimley-Horn