20221496 Ver 2_ePCN Application_20230324

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
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:
8/23/2022
BIMS # Assigned
20221496
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:
Apex Gateway
la. Who is the Primary Contact?
Jon Morris
1b. Primary Contact Email: *
[e-mail]
Date Submitted
3/24/2023
Nearest Body of Water
White Oak Creek
Basin
Cape Fear
Water Classification
WS-IV:NSW
Site Coordinates
Latitude:
35.747992
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Chatham
Is this a NCDMS Project
Yes No
Longitude:
-78.947729
Version#*
2
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:[e-mail]
1c. Primary Contact Phone: *
[phone]
O
Is this project a public transportation project?*
Yes No

1a.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.
10/17/2022
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
39 - Commercial/Institutional Developments
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
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. 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
1d. 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:
BIN-AGP, LLC and Mills Chatham Investment Properties, LLC
2b. Deed book and page no.:
0400/0405; 0406/0409; 0394/0399; and 1150/1153
2c. Contact Person:
Jon Morris
401 Water Quality Certification - Express
Riparian Buffer Authorization
*
Yes No
Yes No

2d. Address
Street Address
500 Morehead Street, Suite 200
Address Line 2
City
Charlotte
Postal / Zip Code
28202
2e. Telephone Number:
[phone]
2g. Email Address:*
jon@ beaco ndevelop ment.com
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Robertson
4b. Business Name:
Atlas Environmental Inc.
4c.Address
Street Address
338 S. Sharon Amity Road #411
Address Line 2
city
Charlotte
Postal / Zip Code
28211
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Apex
2. Project Identification
2a. Property Identification Number:
60523, 95398, 73702, and 71694
2c. Project Address
Street Address
106 NC Highway 751
Address Line 2
City
Apex
Postal / Zip Code
27523
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
White Oak Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV;NSW
3c. What river basins) is your project located it *
Cape Fear
State / Province / Region
NC
Country
United States
2f. Fax Number:
State / Province / Region
NC
Country
United States
4e. Fax Number:
2b. Property size:
77.64
State / Province / Region
NC
Country
United States

3d. Please provide the 12-digit HUC in which the project is located.
030300020608
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
A review of available historical aerial imagery indicates that the proposed project site has been predominantly forested with some agricultural fields and a few residences since the early
1980s. Atlas Environmental submitted an Approved Jurisdictional Determination (AJD) request on May 9, 2022, to the US Army Corps of Engineers (USACE). The project was assigned
action ID number SAW-2022-01050. Atlas staff identified the pond and four wetlands onsite to be isolated. On February 14, 2023 during an USACE site meeting it was determined by the
USACE that there was a potential for a hydrological connection from the pond and four wetlands to the nearest downstream water thus USACE considered these five waters as
jurisdictional. Atlas Environmental revised the AJD and resubmitted it to the USACE on March 23, 2023. The delineation approval request package identifies three streams, seven
wetlands, and one open water pond within the review area (Appendix B — Aquatic Resources Sketch Maps).
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:
1.576 (including a 1.341 acre pond)
4g. List the total estimated linear feet of all existing streams on the property:
1692
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a high -quality, light industrial center. The facilities, developed in partnership with Beacon Partners, will serve the greater Raleigh and
Durham markets. Ideally, the project site would be near major transportation corridors with easy ingress and egress of the corridors and the project site. Proximity to major transportation
corridors help ensure greater capability of the road system handling increased volume of traffic without major roadway improvements or changes.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
BIN-AGP proposes development of approximately 77.64 acres off NC Highway 751 for a light industrial complex. The area of development for this NWP 39 request includes the
construction of two buildings proposed at 135,100 square feet and 175,500 square feet, respectively, ingress and egress roadways, parking, stormwater control measures, and other
associated infrastructure. The placement of buildings was designed to be positioned near the intersection of Gateway Drive and Brightleaf Lane for higher visibility and logistical reasons,
including reduced time and costs associated with transport and shared parking for the buildings to reduce the overall footprint (construction costs) of the site for Phase 1. The Gateway
Drive and Brightleaf Lane intersection also allows for a secondary ingress and egress of the facilities for safety reasons. The placement of buildings one and two were designed to be
positioned near the intersection of Gateway Drive and Brightleaf Lane for logistical reasons including reduced time and cost associated with transport. Having this intersection also allows
for simplified entrance and exit for emergency vehicles. Heavy equipment will be used for land clearing and ground preparation for the building pads.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
USACE field verified on February 14, 2023
No
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-2022-01050
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Atlas Environmental Staff
Agency/Consultant Company: Atlas Environmental Inc.
Other:
6. Future Project Plans
6a. Is this a phased project?*
O Unknown
Yes O No
6b. If yes, explain.
The nationwide permit 39 verification will be used for construction of the property which includes building one and building two. The remaining construction of the project will require an
individual permit due to impacts to a man-made pond.
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?
An individual permit will be required for the future phase of the project due to impacts to a man-made jurisdictional pond.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts

2a1 Reason (?)
2b. Impact type" (?)
2c. Type of W. *
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
(?)
2g. Impact
area
W1
Roadway and parking
P
Seep
WL 2100
Yes
Both
0.010
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.010
2i. Comments:
All wetland impacts are to be permitted under NWP 39.
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.010
F
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Fill slope
Permanent
Fill
CH 200
Intermittent
Both
2
Average (feet)
23
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
23
3i. Total stream and ditch impacts:
23
3j. Comments:
Impact S1 will be permitted under NWP 39.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Only a portion of one stream (CH 300) and one wetland area (WL 3100) are being permanently impacted by the preferred project plan. No impacts are
proposed to any perennial streams and cumulative stream impacts will only affect approximately 1 % of all streams on property. All of stream channels
CH 100 and CH 300, and wetland areas WL 2000, WL 3000, WL 33, WL 3400, 3500, and Pond 1 are being avoided. Cumulative wetland impacts
amount to approximately 4 % of the total natural wetlands on property. Permanent impacts associated with the preferred project proposal total
approximately 23 linear feet of intermittent stream and 0.010 acres of wetlands.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A retaining wall will be constructed to the West of building one in order to reduce impacts and avoid additional impacts to intermittent channel CH 2O0.
The proposed retaining wall is approximately 362 linear feet in length and approximately 30 feet at its highest point.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
6b. If yes, then identify the square feet of impact.
6c. Reason for impact
6d. Total impact (square �ru
feet)
ltiplier
6e. Required mitigation
(square feet)
Zone 1
Road construction and grading
2,694
3
0
Zone 2 Road construction and grading
3,372 1.5 0
6f. Total buffer mitigation required
0
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?
Yes No
a

6i. If no, then discuss what type of mitigation is proposed.
6j. Comments:
See the enclosed Riparian Buffer Authorization Certificate (22-015) issued by the Town of Apex.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes 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.
Chatham County
Comments:
Two stormwater control measures which are proposed to be wet ponds will be constructed as part of the development.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
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.
The project will be conditioned by the 404 and 401. Stormwater will be treated.
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 connect to the Town of Apex's municipal sewer line.

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.
Raleigh
5d. Is another Federal agency involved?*
Yes No
5e. Is this a DOT project located within Division's 1-8?
Yes No
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
Unknown
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?
IPaC and NHP (see included comment letter)
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?
NOAA essential fish habitat mapper.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
NCHPO Buffer Map (see included comment letter)
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?"
Google Earth FEMA National Floodplain layer
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
00 DWR 30 Day Notice.pdf
286.09KB
1 Preliminary ORM Data Entry Fields for New Actions to Print.pdf
305.79KB
02 NWPs Cover Letter (Apex Gateway).pdf
403.41 KB
4 Apex Gateway Agent Authorization Form. pdf
69.45KB
Appendix A - Resource Maps (Apex Gateway).pdf
33.5MB
Appendix B - Aquatic Resources Sketch Maps (Apex Gateway).pdf
6.3MB
Appendix C - Endangered & Threatened Species Report (Apex Gateway).pdf
8.45MB
Appendix D - NC DNCR Historic Resources (Apex Gateway).pdf
226.52KB
Appendix E - LEDPA (Apex Gateway).pdf
52.34MB
Appendix F - Proposed Site Plan and Associated Wetland Impacts (Apex Gateway).pdf
2.39MB
Appendix G Cover Page (Apex Gateway).pdf
5.3MB
File must be PDF or KMZ
Comments
Please reference corps action ID #: SAW-2022-01050 and DWR #: 20221496

Signature
0
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:
Jennifer Robertson
Signature
07.,* le-q" AW
Date
3/24/2023