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HomeMy WebLinkAbout20230017 Ver 1_ePCN Application_20221230DWR 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: 10/27/2022 BIMS # Assigned* Version#* 20230017 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review la. Name of project: Metro 63 - Industrial la. Who is the Primary Contact?* Dan McCauley What amout is owed?* $240.00 $570.00 Select Project Reviewer* Andrew Pitner:eads\ahpitner 1 b. Primary Contact Email:* lc. Primary Contact Phone:* dmccauley@harthickman.com (704)998-1864 Date Submitted 12/30/2022 Nearest Body of Water Unnamed tributary of Lake Fisher Basin Yadkin-PeeDee Water Classification WS-IV;CA Site Coordinates Latitude: Longitude: 35.494405 -80.556247 A. Processing Information County (or Counties) where the project is located: Cabarrus 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 Please provide the date of the previous submission.* 2/11/2021 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 Nationwide Permit (NWP) Number: 13 - Bank Stabilization 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: If. 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 Id. 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: CRP/TCC Metro 63 Logistics Owner LLC 2b. Deed book and page no.: 15332-0313, 15897-0060, 15332-0309, 15897-0060, 15332-0305 2c. Contact Person: David Neuman 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 555 Fayeteville Street Address Line 2 City State / Province / Region Raleigh NC Postal / Zip Code Country 27601 United States 2e. Telephone Number: 2f. Fax Number: (512)202-6589 2g. Email Address: * B b u re s@ t ra m m e I I c row. co m 3. Applicant Information (if different from owner) 3a. Name: Brooke Bures 3b. Business Name: TC MidAtlantic Development V, Inc. c/o Trammell Crow Company 3c. Address Street Address 555 Fayeteville Street Address Line 2 City Raleigh Postal / Zip Code 27601 3d. Telephone Number: (512)202-6589 3f. Email Address: * Bbures@trammellcrow.com 4. Agent/Consultant (if applicable) 4a. Name: Dan McCauley 4b. Business Name: Hart & Hickman 4c. Address Street Address 3921 Sunset Ridge Road, Ste. 301 Address Line 2 City Raleigh Postal / Zip Code 27607 4d. Telephone Number: (704)998-1864 4f. Email Address:* dmccauley@harthickman.com C. Project Information and Prior Project History State / Province / Region NC Country United States 3e. Fax Number: State / Province / Region NC Country United States 4e. Fax Number: 1. Project Information 1 b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Kannapolis 2. Project Identification 2a. Property Identification Number: 56336772400000,56336759910000, 56337850780000,56336990190000, 56336818760000 2c. Project Address Street Address 5700 Royce Street Address Line 2 City Kannapolis Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Unnamed tributary of Lake Fisher 3b. Water Resources Classification of nearest receiving water: * WS-IV;CA 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401050202 4. Project Description and History 2b. Property size: 100 State / Province / Region NC Country United States 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 Site consists of five parcels located at 5700 Royce Street in Kannapolis, Cabarrus County, North Carolina. An approximate 754,000 square foot industrial warehouse building and associated infrastructure are developed on the Site. Residential use is to the east, south, and west, and light industrial use is to the north. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). US Army Corps of Engineers - NWP#39 (SAW-2020-01712) 2/11/21 DEQ DWR - WQC 4139 (19-1734) 2/16/21 4f. List the total estimated acreage of all existing wetlands on the property: 2.173 4g. List the total estimated linear feet of all existing streams on the property: 6,322 4h. Explain the purpose of the proposed project: * An industrial building was developed to serve the City of Kannapolis and surrounding areas. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The site was graded with heavy equipment to prepare level building pads. Stormwater BMPs were included. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2020-01712 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Dan McCauley, PWS Hart & Hickman 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD site visits w/ Krysta Stygar on 11/5/20 and 12/28/20 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. An additional parking lot is planned in the southern portion of the Site. No further impacts to Waters of the US are needed for the second phase of development. 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 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 3. Stream Impacts Streams -tributaries Pond Construction Buffers 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Overextended Fill of Stream Channel Permanent Fill Trib. of Lake Fisher Intermittent Corps 3 Average (feet) 30 (linear feet) S2 Stream Straightening Permanent Relocation Trib. of Lake Fisher Perennial Corps 4 Average (feet) 70 (linear feet) S3 Stream Straightening Permanent Relocation Trib. of Lake Fisher Perennial Corps 4 Average (feet) 48 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 148 3i. Total stream and ditch impacts: 148 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: See previous application dated 1/25/21 lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: See previous application dated 1/25/21 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: RES Aster, LLC Stream Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Stream Quantity: 296 3c. Comments The applicant proposes 2:1 mitigation ratio for 148 linear feet of intermittent and perennial stream impact F. Stormwater Management and Diffuse Flow Plan (required by DWR) u 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 If no, explain why: 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. City of Kannapolis Comments: 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 2b Provide an explanation of the violation(s): 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. The majority of the Site has been developed. Additional impacts to Waters of the U.S. are not planned. 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. Wastewater enters the City of Kannapolis sanitary sewer infrastructure and is piped to an off -site City of Kannapolis wastewater treatment plant. 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 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 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? DEQ Natural Heritage Program and Fish & Wildlife Service (FWS) on-line databases and on -Site reconnaissance (See previous application dated 1/25/21). 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? * http://www.habitat.noaa.gov/protection/efh/efhmapper/ 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?* The National Registry of Historic Places and NC State Historic Preservation Office databases and on -site reconnaissance (See previous application dated 1/25/21). 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?* Reviewed FEMA Flood Insurance Rate Map ID #3710563300K 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 NWP 39 & 13 PCN Application Update - Metro 63 (12-30-22).pdf 6.29MB File must be PDF or KMZ Comments 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: Danielle Clark Signature o01aR6k 6°4Qt.4 Date 12/30/2022 Preliminary ORM Data Entry Fields for New Actions ACTION ID 9: SAW- 2020-01712 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Metro 63 Industrial Development 2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: The Site has recently been developed with an industrial building and the applicant is seeking verification to use Nationwide Permit #39 and #13 for stream impacts. 4. Property Owner / Applicant [PCN Form A3 or A41: TC MidAtlantic Development V, Inc. 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Dan McCauley - Hart & Hickman, PC 6. Related Action ID Number(s) [PCN Form 135b]: None 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 5700 Royce Street, Kannapolis, NC 28083 (Lat/Long: 35.494405,-80.556247) 8. Project Location —Tax Parcel ID [PCN Form Bla]: 9. Project Location — County [PCN Form A2b]: Cabarrus 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Kannapolis 11. Project Information —Nearest Waterbody [PCN Form 132a]: Unnamed tributary of Lake Fisher 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03040105 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: Standard Permit ✓ Nationwide Permit 9 39 & 13 Regional General Permit 9 Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 Via Email December 30, 2022 US Army Corps of Engineers Charlotte Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Attention: Ms. Krysta Stygar Re: Pre -Construction Notification Update Metro 63 Industrial Development 5700 Royce Street Kannapolis, Cabarrus County, North Carolina SAW-2020-01712 H&H Job No. TCD-001 Dear Ms. Stygar: 1.0 Introduction hart '� hickman W SMARTER ENVIRONMENTAL SOLUTIONS On behalf of TC MidAtlantic Development V, Inc., Hart & Hickman, PC (H&H) is submitting the attached updated Pre -Construction Notification (PCN) application associated with the construction of an industrial building in Kannapolis, Cabarrus County, North Carolina. The Site consists of five parcels that total approximately 100 acres of land (Cabarrus County Parcel Numbers 56336772400000, 56336759910000, 56337850780000, 56336990190000, and 56336818760000) located south of Lane Street and west of Old Salisbury -Concord Road. H&H is submitting the PCN application in order to receive verification to use Nationwide Permits (NWPs) 939 (Commercial Development) and 913 (Bank Stabilization). 2.0 Original NWP and WQC A NWP 939 was issued by the US Army Corps of Engineers for the development on February 11, 2021 and an associated Water Quality Certification (WQC) 94139 was issued by the 2923 5outh Tryon Street, 5uite 100 3921 Sunset Ridge Rd, Suite 301 Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com 704.586.0007 main 919.847A241 main Ms. Krysta Stygar December 30, 2022 Page 2 Department of Environmental Quality (DEQ) Division of Water Resources (DWR) on February 16, 2021. The 404 NWP and 401 WQC are attached in Appendix B. The original Section 404 NWP and Section 401 WQC permitted 0.087 acre of permanent impacts to on -Site wetlands. Wetland Area "B" impacts totaled approximately 0.078 acre, and impacts to Wetland Area "G" totaled approximately 0.009 acre. Impacts to Wetland Area "B" involved grading required to facilitate the construction of a roadway and loading dock. Impacts to Wetland Area "G" involved grading required to facilitate the construction of a truck parking area. Due to the minimal amount of proposed impact to on -Site wetlands, compensatory wetland mitigation was not proposed. The original Section 404 NWP and Section 401 WQC permitted 217 linear feet of permanent impacts to Stream "A", and 40 linear feet of temporary impacts to Stream "D". Permanent impacts were proposed to the intermittent portion of Stream "A" in the southeastern portion of the Site. Permanent impacts involved the development of a level building pad to facilitate the construction of a roadway and parking lot. Temporary impacts were proposed to a portion of Stream "D" in the northwestern portion of the Site. Temporary impacts involved the construction of a bottomless culvert road crossing. When the PCN and WQC applications were submitted in January 2021, mitigation was required by the USACE NWP 939 for impacts greater than 150 linear feet of stream. Due to the permanent impacts to 217 linear feet of on -Site streams, compensatory mitigation credits were purchased from DEQ's Division of Mitigation Services (DMS) in -lieu fee program. A North Carolina Stream Assessment Method (SAM) form was conducted for the on -Site intermittent portion of Stream "A". The overall SAM rating for the intermittent stream was low quality. Because the intermittent portion of Stream "A" was of low quality, a mitigation ratio of 1.5:1 was proposed. At a 1.5:1 mitigation ratio, 325 linear feet of mitigation credits were purchased for impacts to the intermittent portion of Stream "A" via in -lieu fee purchase. The DEQ DMS receipt confirming the purchase of the stream mitigation credits is attached in Appendix D. https://huthick.shuepoint.com/sites/A4mterFiles-1/Shared Documents/AAA-Master Projects/Trammell Crow Company - TCD/TCD-001 Lane Street/Permitting/After The Fact Permitting/Cover Letter.doc 14 hart hickman SMARTER ENV}RONMENTAL SOLUT ON5 Ms. Krysta Stygar December 30, 2022 Page 3 Because the impacts to on -Site wetlands were minimal (0.087 acre) and less than 0.1-acre, compensatory mitigation for wetland impact was not required. 3.0 NWP & WQC Update In August and September 2022, a representative of H&H conducted inspections of the Site to evaluate potential excess stream impacts that occurred during the construction of the industrial facility by Samet. During the inspections, H&H observed the Section 404 and Section 401 permit implementation changes as described below. The table below depicts impacts proposed in the original NWP 439 and WQC 44139 issued in February 2021 as compared to the current on -Site impacts: Impacts Permitted in 2021 Current On -Site Impacts Permanent Wetland Impact 0.087 Acres 0.087 Acres Temporary Wetland Impact 0 Acres 0 Acres Permanent Intermittent Stream Impact (See Section 3.2) 217 Linear Feet (0.0149 Acres) 247 Linear Feet (0.0163 Acres) Temporary Intermittent Stream Impact 0 Linear Feet 0 Linear Feet Permanent Perennial Stream Impact (See Section 3.1) 0 Linear Feet 118 Linear Feet (0.0081 Acres) Temporary Perennial Stream Impact 40 Linear Feet (0.0037 Acres) 0 Linear Feet https://huthick.shuepoint.com/sites/A4mterFiles-1/Shared Documents/AAA-Master Projects/Trammell Crow Company - TCD/TCD-001 Lane Street/Permitting/After The Fact Permitting/Cover Letter.doc 14 hart hickman SMARTER ENV}RONMENTAL SOLUT ON5 Ms. Krysta Stygar December 30, 2022 Page 4 3.1 Unpermitted Bottomless Culvert Impact Upon evaluation of Stream "D" in the area beneath the bottomless culvert, H&H observed that Stream "D" was not consistent with its pre -construction configuration and no longer forms a sinuous S-shaped curve as depicted on the topographic survey. Stream "D" was permanently modified and straightened in a short section to allow for the installation of the bottomless culvert. Additionally, the concrete footings for the bottomless culvert are only two to four feet from the ordinary high-water mark (OHWM) of Stream "D". Therefore, restoration of the sinuosity of Stream "D" is not practical. H&H also observed the temporary stream crossing area that was used during the installation of the bottomless culvert. The temporary stream crossing is located immediately adjacent to the upgradient side of the bottomless culvert. The temporary stream crossing has been removed; however, it does not appear that the stream in this area has been restored to pre -construction conditions. Stream "D" in this area also appears to have been straightened. H&H also observed a significantly steep slope along the western bank of Stream "D" in the temporary crossing area due to grading and filling activities. Impacts to Stream "D" total 118 linear feet to account for the permanent stream straightening that occurred during installation of the bottomless culvert and proposed temporary crossing. The applicant is proposing to stabilize the temporary crossing area by lining the stream bank with a geotextile fiber covered in Class A riprap and grading the stream bank to a 2:1 slope. Care will be taken to avoid the streambed during the grading work. 3.2 Unpermitted Impacts to Stream Channel "A" The Wetland and Stream Impact Exhibit prepared by Oak Engineering in 2021 depicts a proposed 217-linear foot permanent impact to Stream "A" to facilitate the construction of a parking lot in the southern portion of the Site. H&H visually evaluated the permitted impact area to Stream "A" during our on -Site inspections, and visual observations indicated that the impacts hart hickman https://huthick.shuepoint.com/sites/A4mterFiles-1/Shared Documents/AAA-Master Projects/Trammell Crow Company - TCD/TCD-001 Lane Street/Permitting/After The Fact Permitting/Cover Letter.doc SMARTER EN V$RON M ENTAL SO LUT➢QN S Ms. Krysta Stygar December 30, 2022 Page 5 to Stream "A" were extended beyond the permitted amount. During a Site inspection, H&H identified the current origin point of Stream "A" and collected the location of this point in the field using a Trimble Global Positioning System (GPS) unit. The current origin point of Stream "A" should approximately correspond to the downgradient limit of the permitted impact as depicted on the original Impact Exhibit. However, while viewing the GPS data in ArcMap software, the current origin point of Stream "A" was documented to be approximately 30 linear feet to the west from the downgradient limit of the authorized impacts to Stream "A". This updated permit application includes 30 linear feet of additional permanent impact to Stream "A" for the excess impacts. 3.3 French Drain System The Wetland and Stream Impact Exhibit prepared by Oak Engineering submitted with the 2021 PCN application depicts a French drain system that was to be installed in the area of permitted impact to Stream "A". The inclusion of the Site -specific French drain system was due to the recommendation of Mr. Alan Johnson with DEQ DWR, who issued the Section 401 permit prior to his retirement. The French drain system depicted on the 2021 Impact Exhibit includes 125 linear feet of perforated drain pipe embedded in a channel of washed stone in the upgradient section of the permitted impact to Stream "A". The perforated drain pipe would collect groundwater and direct it to a four -foot diameter manhole located within the parking lot area. The manhole would then direct the collected groundwater through 75 linear feet of reinforced concrete pipe (RCP) into the new origin point for Stream "A". Based on discussions with representatives of Samet, the French drain system was not installed. Furthermore, based on a review of the Metro 63 Mass Grading Package prepared by Oak Engineering dated August 31, 2021, this French drain system is not depicted. Three piezometers were installed in the vicinity of a newly proposed French drain alignment on December 12, 2022. The purpose of the piezometer study was to identify the groundwater elevation to properly construct and maximize functionality of the French drain system. During 14 hart hickman https://huthick.shuepoint.com/sites/A4mterFiles-1/Shared Documents/AAA-Master Projects/Trammell Crow Company - TCD/TCD-001 Lane Street/Permitting/After The Fact Permitting/Cover Letter.doc SMARTER EN V$RON M ENTAL SO LUT➢QN S Ms. Krysta Stygar December 30, 2022 Page 6 the study, a shallow weathered bedrock layer was identified southeast of the origin point of Stream "A". The bedrock layer was found to be above the water table at some point beyond 50 feet from the origin point for Stream "A". Because the shallow bedrock layer would prevent the French drain from being installed at or below the groundwater table if constructed in this newly proposed location and a parking lot has been constructed in the originally proposed location, an alternative location and design is proposed. The proposed French drain includes two 50-foot long, parallel, perforated drain pipes embedded in channels of washed stone. The perforated drain pipes will discharge at a single point into the origin point of Steam "A". The updated site plan and French drain design prepared by Oak Engineering is included in Appendix A. Based on the confirmed presence of groundwater to support a small intermittent stream, no monitoring is needed for this system. 3.4 Mitigation Proposed For Unpermitted Impacts Mitigation is typically required by the Nationwide Permit 939 for permanent impacts greater than 0.02 acre. Although the permanent impacts to streams not previously mitigated in 2021 total approximately 0.0095 acre (148 linear feet), compensatory mitigation is proposed in the form of purchasing mitigation credits from the RES Yadkin 05 Umbrella Mitigation Bank for the excess steam impact. The acceptance letter is attached in Appendix C. Based on recent conversations with you regarding the mitigation ratio required for the excess stream impact, a mitigation ratio of 2:1 is proposed. At a 2:1 mitigation ratio, 296 linear feet of mitigation is proposed for impacts to streams via the private mitigation bank. https://huthick.shuepoint.com/sites/A4mterFiles-1/Shared Documents/AAA-Master Projects/Trammell Crow Company - TCD/TCD-001 Lane Street/Permitting/After The Fact Permitting/Cover Letter.doc 14 hart hickman SMARTER ENV}RONMENTAL SOLUT ON5 Ms. Krysta Stygar December 30, 2022 Page 7 H&H is seeking a Nationwide Permit 939 (Commercial Development) and 913 (Bank Stabilization) verification for this development. A copy of the PCN submittal package has also been submitted to the NC DEQ DWR. Should you have any questions or require additional information, please feel free to contact Dan McCauley at 704-998-1864. Very truly yours, Hart & Hickman, PC A�r4vow Matt Bramblett, PE Principal Dan McCauley, PWS Project Environmental Scientist Attachments Danielle Clark, PWS Sr. Project Environmental Scientist • PCN Form • Figure 1 — Site Location Map • Figure 2 — Preliminary Wetland Delineation Map • Appendix A — 2021 Site Plan & Updated Site Plan Prepared by Oak Engineering • Appendix B — 2021 Section 404/401 Permits • Appendix C — RES Mitigation Acceptance Letter • Appendix D — DEQ DMS Mitigation Receipt cc: Mr. Roberto Scheller, NC DEQ DWR (via ePCN) Mr. Brooke Bures, Trammell Crow (via email) Mr. Greg Welsh, Oak Engineering (via email) https://huthick.shuepoint.com/sites/A4mterFiles-1/Shared Documents/AAA-Master Projects/Trammell Crow Company - TCD/TCD-001 Lane Street/Permitting/After The Fact Permitting/Cover Letter.doc 14 hart hickman SMARTER ENVIRONMENTAL SOLUT)ON5 Pre -Construction Notification Update Metro 63 Industrial Development 5700 Royce Street Kannapolis, North Carolina H&H Job No. TCD-001 December 30, 2022 hart � hickman ky►►MA'All4:i4 Li►1I*QILIIITIN01kv&lfe]UIIWOV 2923 South Tryon Street, Suite 100 3921 Sunset Ridge Rd , Suite 301 Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com 704.586.0007 main 919,847.4241 main W a rE�v� T. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 & 13 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. 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. ❑X Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Metro 63 - Industrial 2b. County: Cabarrus 2c. Nearest municipality / town: Kannapolis 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: CRP/TCC Metro 63 Logistics Owner LLC 15332-0313, 15897-0060, 15332-0309, 15897-0060, 15332-0305 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): David Neuman 3d. Street address: 555 Fayeteville Street 3e. City, state, zip: Raleigh, NC 27601 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: Property Developer 4b. Name: Brooke Bures 4c. Business name (if applicable): TC MidAtlantic Development V, Inc. c/o Trammell Crow Company 4d. Street address: 555 Fayeteville Street 4e. City, state, zip: Raleigh, NC 27601 4f. Telephone no.: N/A 4g. Fax no.: N/A 4h. Email address: Bbures@trammellcrow.com 5. Agent/Consultant Information (if applicable) 5a. Name: Dan McCauley 5b. Business name (if applicable): Hart and Hickman, PC 5c. Street address: 3921 Sunset Ridge Road, Suite 301 5d. City, state, zip: Raleigh, NC 27607 5e. Telephone no.: (919) 723-2510 5f. Fax no.: (919) 847-4261 5g. Email address: dmccauley@harthickman.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 56336772400000, 56336759910000, 56337850780000, 56336990190000, 56336818760000 1b. Site coordinates (in decimal degrees): Latitude: 35.494405 Longitude:-80.556247 1 c. Property size: +/- 100 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Unnamed tributary of Lake Fisher 2b. Water Quality Classification of nearest receiving water: WS-IV;CA (Lake Fisher classification) 2c. River basin: Yadkin-PeeDee 3. Project Description 3a. 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 Site consists of five parcels located at 5700 Royce Street in Kannapolis, Cabarrus County, North Carolina. An approximate 754,000 square foot industrial warehouse building and associated infrastructure are developed on the Site. Residential use is to the east, south, and west, and light industrial use is to the north. 3b. List the total estimated acreage of all existing wetlands on the property: 2.173 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 6,322 3d. Explain the purpose of the proposed project: An industrial building was developed to serve the City of Kannapolis and surrounding areas. 3e. Describe the overall project in detail, including the type of equipment to be used: The site was graded with heavy equipment to prepare level building pads. Stormwater BMPs were included. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the 0 Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property / Comments: project (includingall prior phases)in the past? PJD site visits w/ K sta Stygar on 11/5/20 & 12/28/20 ry yg 4b. If the Corps made the jurisdictional determination, what type ❑X preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Hart & Hickman, PC Name (if known): Dan McCauley Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. H&H met Ms. Krysta Stygar of the USACE on November 5, 2020 and December 28, 2020 for a site review. H&H also met Ms. Stygar on -site on October 27, 2022 for a compliance visit. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑X Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. US Army Corps of Engineers - NWP#39 (SAW-2020-01712) 2/11/21 DEQ DWR - WQC 4139 (19-1734) 2/16/21 6. Future Project Plans 6a. Is this a phased project? ❑X Yes ❑ No 6b. If yes, explain. An additional parking lot is planned in uplands in the southern portion of the Site. No further impacts to Waters of the US are needed for the second phase of development. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Seep Yes Corps 0.009 W2 P Fill Seep Yes Corps 0.078 W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.087 2h. Comments: The W1 and W2 wetland impacts were permitted in the original application dated 1/25/21 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. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Fill Trib. of Lake Fisher INT Corps 3 30 S2 P Relocation Trib. of Lake Fisher PER Corps 4 70 S3 P Relocation Trib. of Lake Fisher PER Corps 4 48 S4 Choose one S5 Choose one S6 P Fill Trib. of Lake Fisher INT Corps 3 217 3h. Total stream and tributary impacts 365 3i. Comments: The S6 stream impact was permitted in the original application dated 1/25/21 Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose O2 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts o 4g. Comments: Not Applicable 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated p1 Choose one P2 Choose one 5f. Total: 5g. Comments: Not Applicable 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Not Applicable Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See previous application dated 1 /25/21 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See previous application dated 1/25/21 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? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑X Mitigation bank 0 payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: RES Aster, LLC Stream Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Stream Type: Choose one Type: Choose one Quantity: 296 Quantity: Quantity: e applicant proposes mitigation ratio or inear feet of intermittent and perennial stream impact 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑X Yes 4b. Stream mitigation requested: 325 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 325 If of stream credits purchased on 7/13/21 through DMS. See receipt attached. 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Not applicable. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑X Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why, X❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 60 % 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The site is subject to NCDEQ and City of Kannapolis post -construction stormwater management requirements. Multiple stormwater BMPs meeting all state and local requirements are design to treat and attenuate runoff from the developed site. The design includes permanently wet extended detention ponds with planted littoral shelves as well as dry extended detention ponds with pretreatment sand filters. Construction sediment control will be provided to meet state and local requirements. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Kannapolis 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? City of Kannapolis ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): 0 Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been El Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 41b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ Na N/A attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? 0 Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? 0 Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. 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 El Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The majority of the Site has been developed. Additional impacts to Waters of the U.S. are not planned. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater enters the City of Kannapolis sanitary sewer infrastructure and is piped to an off -site City of Kannapolis wastewater treatment plant. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? DEQ Natural Heritage Program and Fish & Wildlife Service (FWS) on-line databases and on -Site reconnaissance (See information and FWS response included in the original PCN). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://www.habitat.noaa.gov/protection/efh/efhmapper/ 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 ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The National Registry of Historic Places and NC State Historic Preservation Office databases and on -site reconnaissance (See information and SHPO response included in the original PCN). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Reviewed FEMA Flood Insurance Rate Map ID #3710563300K Dan McCauley Y .. � : 12-30-2022 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Copy.right:© 2013 National Geographic Society, -cubed TITLE ^' 0 2,000 4,000 SITE LOCATION MAP I V SCALE IN FEET PROJECT PROPOSED INDUSTRIAL DEVELOPMENT 2989 BRANTLEY ROAD = KANNAPOLIS, NORTH CAROLINA U.S.G.S. QUADRANGLE MAP IN 2923 south Tryon street- suite 100 hart L I h i c k m a n Charlotte, North Carolina 28203 704-586-0007 (p) 704-586-0373 (f) CONCORD, NORTH CAROLINA2013 SMARTER FWWONWNTAL SOLUTIONS License # C-1269 / # C-245 Geology s QUADRANGLE DATE: 12/11/20 REVISION NO: 0 7.5 MINUTE SERIES (TOPOGRAPHIC) JOB NO: TCD-001 FIGURE NO: 1 | | \\\\\\\\< �k}}}/!/wk ////\®§ | � | o o \ _ S . z - - ( a < /2o �/ / z - �\\( - _ - 5 /y\l6G; - ) E E » ®\k` \) / ; B= w <eL®_!o z 2 ;:r: \z j j 0 \G \_ )� ) [ zz §$ E ) ` � - _ ` < E G u ; : § - ® 5\< m z 2 § m _ \� \w ( j - 2 \ �) - ° ± ~ ± : \; :« ,: )( / (\ / ! e° , a a \ _ Appendix A 2021 Site Plan & Updated Site Plan Prepared by Oak Engineering hart hickman SMARTER ENVIRONMENTAL SOLUTIONS 1181HX31JV'dW1 WV'3US UNV UNVU3M X3 ® o — ION VD AON'SIlOd113WVN1 irruc tlNIIOlItlJ 33US 3 SIlOdtlNNVJI cro eio xu3raia 13311153Ntl1 f" s 1dR11Sf1aNl 133111S 3NVI � � a d 1 i 1 3 9 I 9 a a P \ 1181HX31JV'dW1 WV'3US UNV UNVU3M L' LX3 s/ ��Os tlNllOdtlJ H1dON"SllOdtlNNVJI yzu oru xu3raia s 133US 3Ntll W " £9 01113W LU o � i z it I 1! I — ��- �- o N 3 p Appendix S 2021 Section 404/401 Permits hart hickman SMARTER ENVIRONMENTAL SOLUTIONS U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01712 County: CabarrusU.S.G.S. Quad: NC -Concord GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: TC Midadantic Development V. Inc c/o Trammell Crow Company David Neuman Address: 3700 Glenwood Avenue, Suite 510 Raleigh, NC 27612 E-mail: dneuman@trammellcrow.com Size (acres) 100 Nearest Town Kannapolis Nearest Waterway Cold Water Creek RiverBasin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude:35.494405 Longitude:-80.556247 Location description: Multiple parcels near2989 Brantley Road and 5495 Old Salisbury Concord Road, in the city of Kannapolis. Cabarrus County. North Carolina. PIN(s): 56336990190000.56336777140000.563367724000000. 56335899760000, and 56337862660000. Description of projects area and activity: This verification authorizes: 1) Permanent fill of0.009 acres ofwedand B for grading 2) Permanent fill of0.078 acres ofwedand G parking and Grading 3) Permanent fill of217Linear Feet ofStreamAfor aparking lot 4) Temporary fill of40 Linear Feet of Stream D for a Bottomless Culvert Applicable Law(s): N Section 404 (Clean WaterAct, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 39. Commercial and Institutional Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 1/25/2021, and the enclosed plans Lane Street Industrial dated 11/20/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This v erific ation willremain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or ism odified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities whichhave commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, willremain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification orrevocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subjectto Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subj ectto regulation under the Coastal Area Management Act(CAMA), prior to beginning work you must contactthe N.C. Division of Coastal ManagementMorehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permitteeof the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact KrysWka B Stygar at 252-545-0507or krystynka.b.stygar@usace.army.mil. Corps Regulatory Official: _ Date: 02/11/2021 ExpirationDate of Verification: 03/18/2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Property Owners: Timothy & Marie Ramseur 2989 Brantley Road Kannapolis,NC 28083 Sadie S Brantley Trust C/ODwight RichardLocklear PO Box 56 Landis,NC 28088 FariLLC C/o Sadruddin Roy 5808 Royce Street Kannapolis,NC 28083 Resurrection Baptist Church Timothy Jones 5615 Old Salisbury Concord Road Kannapolis,NC 28083 Copy furnished: Agent: Hart & Hickman. PC Dan McCauley Address: 3921 Sunset Ridge Road, Suite 301 Raleigh. NC 27607 Telephone Number: (919)723-2510 E-mail: dmccauley@harthickman.com SAW-2020-01712 SPECIAL CONDITIONS a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. b. Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this property and associated with this project/activity, are proposed at a later date, those impacts will be combined with the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory mitigation will be required if individual or cumulative (i.e., past and present) losses or degradation of waters of the U.S., are greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of wetland. Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of perennial or intermittent stream channel and/or 0.5 acre of wetland, will be processed under an Individual Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that this office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or associated with this project/activity. Action ID Number: SAW-2020-01712 County: Cabarrus Permittee: TC Midatlantic Development V, Inc c/o Trammell Crow Company, David Neuman Project Name: Lane Street Industrial Development Date Verification Issued: 02/11/2021 Project Manager: Krystynka B Stygar Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Krystynka B Stygar Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or krystynka.b.stygar@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM XPPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) {�] NAVIGABLE WATERS PROTECTION RULE Compensatory Mitigation Responsibility Transfer Form Permittee: TC MiclAtlantic DevelopmentV, David Neuman Action ID: SAW-2020-01712 Project Name: Lane Street Industrial County: Cabarrus Instructions to Permittee: The Permittee must provide a copyof this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Pe rmittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsorwill be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in morethan one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attachedto the permit, and the separate forms foreach Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructionsto Sponsor:The Sponsor must verifythatthe mitigation requirements (credits) shown beloware available atthe identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copyof the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040105, Yadkin River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Rive rine Riparian Non-Riverine Non -Riparian Coastal 217 *If more than one mitigation sponsor will be used forthe permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040105,Yadkin River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 325 Mitigation Site Debited: (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. IftheNCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verifythat released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: nature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within ju risd ictional areas authorized bythe permit identifieclon page one of thisform can begin onlyafter the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACEwithin 30 days of permit issuance. NCDOTremainsfully responsiblefor the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providingthe mitigation requirements listed herein. • Signed copies of this document must be retained bythe Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copyofthis form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returnedto the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency ReviewTeam (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance and a newversion of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions:A letterfrom DIMS, confirmingthey arewilling and ableto acceptthe applicant's compensatory mitigation responsibility, dated 2/12/2021was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Pagel. Once signed, the Sponsorshould provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell,11405 Falls ofNeuseRoad, Wake Forest, NC27587(email:todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions maybe directed to the USACE Project Manager below. USACE Project Manager: Krystynka B Stygar USACE Field Office: Charlotte Regulatory Office US Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 Email: krystynka.b.stygar@usace.army.mil SO )�� USACE Project Manager Signature 02/16/2021 Date of Signature Current Wilmington District mitigation guidance, including informationon mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetlandgroupings) is available at http://ribits.usace.army.mil ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Woody Coley Trammell Crow Company 3700 Glenwood Ave., Suite 510 Raleigh, NC 27612 Project: Lane Street Industrial NORTH CAROLINA Environmental Quality February 12, 2021 Expiration of Acceptance: 6/8/2021 County: Cabarrus The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-di it HUC) Impact Type Impact Quantity Yadkin 03040105 Warm Stream 325.000 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Matt Bramblett, agent Sincerely, P�-� -4 James. B Stanfill Asset Management Supervisor NORTHCAROUNA� � � I DepeN tulEmha-n 10wlfty North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality February 16, 2021 DWR# 19-1734 Cabarrus County Mr. David Neuman TC MidAtlantic Development V 3700 Glenwood Ave., Ste 510 Raleigh, NC 27612 Delivered via email to wcole a,trammellcrow.com Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Lane Street Industrial Project Dear Mr. Neuman: You have our approval for the impacts listed below for the purpose described in your application submitted to the Division of Water Resources (Division) on January 27, 2021, and payment received on February 3, 2021. The Division has determined that the proposed project and impact will comply with water quality requirements covered by the attached Water Quality General Certification Number 4139 and the conditions listed below, provided that you adhere to the certification located at https:Hdeg.nc.gov/about/divisions/water- resources/water-quality-permitting/401-buffer-permitting-branch/general and the conditions listed below. This certification is associated with the use of General Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 40 linear ft. (bottomless) 217 linear ft. (fill) Wetland see 0 acre 0.087 acre This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. D��, _ North Carolina Department of Environmental Quality I Division of Water Resources ®11/[ Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 IfJA i o « i sum a���eea ,oh 704.663.1699 The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional conditions: Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. High hazard silt fence is strongly recommended adjacent to wetland area. [15A NCAC 02H .0506 (b)(1) and15A NCAC 02H .502 (c)] Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 2. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. [15A NCAC 02B .0203] Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at or by calling the OAH Clerk's Office at (919) 431-3000 One (1) copy of the petition must also be served on DEQ as follows: Mr. Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699. Sincerely, CA DocuSigned by: 414 4 H putt n, for F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Army Corps of Engineers, Charlotte, email Dan McCauley, Hart/Hickman, dmccauley(a-)harthickman.com DWR 401 & Buffer Permitting Branch file MRO, Land Quality Appendix C RES Mitigation Acceptance Letter hart hickman SMARTER ENVIRONMENTAL SOLUTIONS fires RES Aster, LLC Stream Mitigation Bank Statement of Availability December 5, 2022 U.S. Army Corps of Engineers Krysta Styga r Asheville Regulatory Field Office 151 Patton Avenue 3208 Asheville, NC 28801 Re Project: Metro 63 — Industrial This document confirms that the Trammell Crow Company c/o TC MiclAtlantic Development V. Inc (Applicant) for the Metro 63 — Industrial (Project) has expressed an interest to utilize 296.00 Stream Mitigation Credits from the RES Aster sponsored RES Yadkin 05 Umbrella Mitigation Bank, specifically 296.00 Stream credits from the Cardinal site, in the Yadkin HUC 03040105. As the official Bank Sponsor, RES Aster, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1055 or astaley@res.us if you have any questions. Best Regards, Amy Staley Credit Sales Manager Bank Sponsor— RES Aster, LLC Appendix D DEQ DMS Mitigation Receipt hart hickman SMARTER ENVIRONMENTAL SOLUTIONS ROY COOPER Governor ELIZABETH S. BISER Secretary TIM BAUMGARTNER Director Woody Coley Trammell Crow Company 3700 Glenwood Ave., Suite 510 Raleigh, NC 27612 Project: Lane Street Industrial County: Cabarrus 401 permit#: 2019-1734 404 permit#: 2020-01712 DIMS ID#: MR-07663 Amount Paid: $181,613.25 Check Number: 508003200 . STATE � \„r y w� NORTH CAROLINA Environmental Quality RECEIPT July 13, 2021 The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit(s) issued for the above -referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to DMS associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity including G.S. § 143-214.11. The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the compensatory mitigation requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS is nontransferable. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Mitigation Location Mitigation Type Credits Yadkin 03040105 Warm Stream 325 Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must be submitted in accordance with the Division's refund policy. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. FOR cc: Todd Tugwell, USACE - Raleigh-, Krysta Stygar, USACE Matt Bramblett, agent Sincerely, Tim Baumgartner Director D ��� North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919,707.8976