20221496 Ver 2_02 NWPs Cover Letter (Apex Gateway)_20230324

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23 March 2023
US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Chris Hopper
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
NC Division of Water Resources
401 and Buffer Permitting Unit
Attn: Paul Wojoski
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: BIN-AGP, LLC +/- 77.64 Acres
Apex Gateway
106 NC Highway 751
Apex, North Carolina 27523
Nationwide Permit 39
Action ID: SAW-2022-01050
NC DWR #: 2022-1496
Dear Chris and Paul:
Atlas Environmental, Inc., on behalf of BIN-AGP, LLC (Applicant; Attn: Jon Morris), is
submitting the following information and request for approval of Nationwide Permit 39 for
unavoidable impacts to wetlands and waters of the United States from the proposed Apex
Gateway industrial development.
Project Location
The proposed project site is located at 106 NC Highway 751, Apex, North Carolina, 27523.
The review area includes four parcels (Parcel ID Numbers 95398, 73702, 71694, and
60523), totaling approximately 77.64 acres in Chatham County, North Carolina. The
general project location is in the Northeastern quadrant of the intersection of US Highway
64 and NC Highway 751, approximately 7 driving miles East of the city center of the City of
Apex, North Carolina (Appendix A — Resource Maps).
Project Applicant/Developer
BIN-AGP, LLC is the project applicant and property owner. BIN-AGP is partnering with
Beacon Partners, who will act as the development contractor for the construction of the
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facilities. Beacon Partners is a full -service commercial real estate firm focused on the
development, acquisition, lease, and management of quality industrial, office, and mixed -
use properties, and have invested more than $2.4 billion dollars in real estate projects
throughout North and South Carolina. Their portfolio currently includes more than 30.4
million square feet of developed or acquired real estate, with approximately 14.5 million
square feet currently leased, owned, or managed.
Project Purpose
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.
The proposed project will include buildings of sufficient size (greater than 100,000 square
feet each) to meet the project purpose for the initial development of the site. Typically, a
larger building takes advantage of economies of scale which drastically saves on marginal
cost; the per square foot cost of a larger building in many instances is much less than
smaller buildings of the same total size. Consultants and engineers also can focus on the
larger building as a single project rather than multiple projects, saving time and decreasing
labor cost. Larger constructed buildings typically have less overall impact on -site, reduces
impervious cover, and requires less landscape and hardscape when compared to the
same square footage under multiple buildings. Lastly, larger buildings often attract tenants
with more established businesses and credit, thereby reducing the chance of default on a
tenant lease. However, multiple building facilities may be necessary when the site or
location has constraints to construction or when the demands of businesses are better
suited for multiple buildings and associated infrastructure. Regardless of site configuration
or constraints, the size of the building is often maximized to plan for current and future
growth opportunities. The parcel also must be of ample size to properly support the
accompanying parking, stormwater control measures, utilities, and other associated
infrastructure components.
Project Marketing and Need
The proposed project location in Chatham County, at the Wake -Chatham County line, near
the City of Apex, the Raleigh -Durham International Airport, NC Highway 540/1-540, US
Highway 64, and NC Highway 751 providing convenient access to 1-40, was carefully
selected based on the project purpose and development opportunities. Beacon Partners
often oversees construction of buildings on a speculative basis, meaning there are no
tenants committed when the project begins. Almost always lease agreements are
negotiated and finalized before or during construction. Furthermore, current demand for
industrial facilities in the Apex area is high, especially as large manufacturers continue to
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show interest and move to the region. A battery company and a pharmaceuticals
company have committed to leasing the first two buildings proposed for construction on the
project site. Future development of the site also is expected to attract a broad range of
industries and companies. The future tenants of Apex Gateway will assuredly include
those who need a location close to a major metropolitan area within proximity of major
transportation corridors and an airport.
Property History
Aerial photographs can provide excellent documentation of property history and land uses
over time. A reliable timeline of activity and development of the property can be
established when certain imagery/photographs are available. 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.
Project History
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).
Proposed Project
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 Town of Apex recently annexed the proposed project location and secured water,
sewer, and electric service at the site. This required extensive coordination and approval
from Chatham County, Town of Cary, and Town of Apex, as several regional pump
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stations and public water main distribution lines were designed, permitted, and installed to
service development in this area. The total public infrastructure requirements for the
proposed site are more than $15 million and include three regional pumpstations and
public road(s) construction. A new roadway, Gateway Drive, will be constructed off NC
Highway 751 to allow access to the industrial park, and will be dedicated as public right-of-
way to the Town of Apex. An additional road, Brightleaf Lane, will be constructed to allow
secondary vehicle access from Gateway Drive to the facilities and parking lot areas of the
buildings. Lastly, a substantial area (approximately 17.14 acres) including streams and
wetlands along the Eastern property boundary, and a buffer area around the Northern and
Western boundaries, have been set aside as stream buffer, a tree save area, and
greenspace. The greenspace area accounts for over 22% of the project site.
The project site has the potential to support additional future development in the form of
industrial buildings and associated roadways, and parking. However, both current and
future proposed development is partially constrained by dedicated activities associated
with this and nearby public features. For example, the proposed Gateway Drive in its
current proposed alignment is a dedicated and approved public right-of-way. Also, a
substantial area (approximately 17.14 acres) along the property boundaries, and especially
along the streams and wetlands along the Eastern property boundary, have been set aside
as stream buffer, a tree save area, and greenspace. These factors and more (addressed
in detail below) limit the uplands available for current and future development.
Project Site Evaluation
As stated above, current demand for industrial facilities in the Apex area is high, especially
as large manufacturers continue to show interest and move to the region. The proposed
project site is adjacent to US Highway 64 and NC Highway 751, which provides easy
access to 1-540, 1-40, and the Raleigh Durham International Airport, and has existing utility
infrastructure and service. The proposed project site is also in a Federal Opportunity Zone
(37037020600) encouraging developers and investors, such as BIN-AGP, to develop and
invest in these areas to spur economic growth and job creation. Furthermore, although
Beacon Partners at times develops properties on a speculative basis, their development
cooperation with BIN-AGP has resulted in two companies committing to lease options at
the proposed project site specifically because of the site location, proposed building size,
building placement, and other site amenities. Future development of the site also is
expected to attract a broad range of industries and companies. Any future tenants of Apex
Gateway will assuredly include those who need a location close to a major metropolitan
area within proximity of major transportation corridors and an airport.
Wetlands and Waters of the United States and Impacts
On November 16-17, 2021 Atlas Environmental conducted an initial pedestrian survey of
the proposed project site to identify streams and wetlands which may be subject to Federal
and State regulations. An additional site visit was conducted on February 14, 2023. An
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Approved Jurisdictional Determination request, under Action ID: SAW-2022-01050, has
been submitted to the USACE. The AJD request identifies approximately 1692 linear feet
of stream channel in three streams, 0.235 acres of wetlands in seven wetland areas, and
1.341 acres of open water in one man-made pond on the project site. All wetlands and
streams were observed to be jurisdictional waters (Table 1).
Table 1. List of aquatic resources within the proposed project area.
Name
Type
Linear Feet
Acres
CH 100
Stream
1039
0.119
CH 200
Stream
415
0.018
CH 300
Stream
238
0.013
WL 2000
Wetland
0.043
WL 3000
Wetland
0.026
WL 3100
Wetland
0.010
WL 3200
Wetland
0.032
WL 3300
Wetland
0.041
WL 3400
Wetland
0.080
WL 3500
Wetland
0.003
Pond 1
Open Water
1.341
TOTAL
1692
1.576
WL & Pond only)
Permanent impacts to waters from the preferred project plan include impacts to a portion
of one stream and one of the identified wetland areas. A list of unavoidable impacts to
aquatic resources from the proposed project is provided in Table 2.
Table 2. List of proposed impacts under Nationwide permit 39.
Aquatic Type Perm / Temp
Resource
Impacts
AC
Impacts Reason for Impact
LF
CH 300 Stream Permanent
0.001
23 Discharge of fill material
WL 3100 Wetland Permanent
0.010
Discharge of fill material
TOTAL
0.011
23
Potential Effects on Physical/Chemical Characteristics of the Aquatic Ecosystem
Substrate: No effects are expected beyond the proposed impact areas. Substrate will be
permanently affected at the impact areas. Downstream sediment will remain in -place.
Erosion control and stormwater practices will prevent upland material from impacting the
substrate.
Suspended particulates/turbidity: No effects are expected beyond the proposed impact
areas. Suspended particulates and turbidity are not expected to affect any streams on or
off property. Short-term, minor effects to total suspended solids (TSS) and turbidity are
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expected during construction. Proposed "off-line" stormwater detention facilities will
protect the remaining wetlands and streams on property and downstream of the project
site through detention and water quality treatment of storm flows before being discharged
into jurisdictional waters. The proposed stormwater management system has been
designed to provide water quality treatment of a 1-inch rainfall event and achieve greater
than 85% reduction in post -development TSS loadings to receiving waters. These controls
will prevent the discharge of sediment and other attached pollutants (excess nutrients, oil
and grease, etc.) to downstream waters.
Water: Minor permanent effects are expected. The flow path of surficial water will
continue to move from the property toward White Oak Creek.
Current patterns and water circulation: Minor permanent effects are expected. The flow
path of stormwater will be slightly different due to the development. Interception and
infiltration will differ due to the impervious surfaces. Infiltration will still occur in the areas
of the stormwater treatment basins and along the diffuse flow outflow of the basins to the
non -impacted reaches.
Normal water fluctuations: Seasonal water fluctuations of precipitation will not be affected.
Ground water fluctuations may have minor/inconsequential permanent impacts due to the
surficial ground conditions resulting in altered hydrogeology from impervious surfaces and
grading of the building pads. Any actual effects would be quantitatively unmeasurable.
Salinity gradients: No effects to salinity are expected. The project is not located in a
coastal area where a salinity gradient and/or a saltwater intrusion wedge could be present.
Impacts relating to the application of salt for snow/ice control would be negligible as the
average annual snowfall for the project area is less than four inches per year.
Potential Effects on Biological Characteristics of the Aquatic Ecosystem
Threatened or endangered species: No adverse effect is expected. Additional information
on the presence of Federally listed species or potential suitable habitat for species is
provided below in the Endangered and Threatened Species section.
Fish, crustaceans, mollusks, and other aquatic organisms in food web: No adverse effect
is expected. The aquatic systems impacted by the proposed project are small first order
streams or adjacent wetlands that are small and have been degraded. The largest natural
aquatic systems within the project site will not be impacted.
Other wildlife: Minor permanent habitat loss due to the construction of the buildings is
expected. Effects are considered minor due to the degrading or impounding of the aquatic
systems on the property that are proposed for impact, which has created marginal quality
habitat for most aquatic species.
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Potential Effects on Special Aquatic Sites
Sanctuaries and refuges: No effects are expected. The project site does not include
sanctuaries or refuges and is not upstream of these types of locations.
Wetland: Permanent impacts to streams and wetlands are described above in Table 2.
Mud flats: No effect is expected because no mud flats exist on the project site.
Vegetated shallows: No effect is expected because no vegetated shallows exist on the
project site.
Coral reefs: No effect is expected because no coral reefs exist on the project site.
Riffle and pool complexes: No effect is expected because no riffle and pool complexes
exist within any of the aquatic resources proposed for impact.
Endangered and Threatened Species
Atlas Environmental referenced the US Fish and Wildlife Service (USFWS) Information for
Planning and Consultation (IPaC) tool for the project review area on April 14, 2022. Atlas
Environmental also referenced the North Carolina Natural Heritage Program website (on
April 11, 2022) for additional information on Endangered and Threatened Species that may
occur in the project area. The corresponding reports indicated the potential presence of
four Federally listed Endangered or Threatened species within the project review area.
Designated Critical Habitat was not listed within the project review area. Atlas
Environmental also conducted on -site assessments on November 16-17 and 23, 2021,
and February 14, 2023, but Federally listed Endangered or Threatened species or their
habitats were not observed. Adverse impacts to Federally listed Endangered and
Threatened species are not expected. An Endangered, Threatened, and Candidate
Species Report of Findings is included in Appendix C. The report was submitted to the
USFWS on June 8, 2022, and their concurrence was provided on July 14, 2022.
Table 3. Summary of effects determinations for Federally listed species.
Species
Listed
Status
Habitat
Present
Species
Observed
Effects Determination
Red -cockaded Woodpecker
E
No
No
No Effect
Monarch Butterfly
C
--
--
N/A
Atlantic Pi toe
T
No
No
No Effect
Har erella
E
No
No
No Effect
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Historic and Cultural Resources
A search of the National Register of Historic Places did not identify any cultural resources
located within the proposed project review area. However, Atlas Environmental conducted
a pedestrian survey for the presence of important cultural and historical resources on the
proposed project site. The transects that were visibly inspected during the pedestrian site
evaluation would not allow for identification of any potential subterranean artifacts. No
shovel tests were conducted to identify potential cultural or archaeological resources that
may be located within the proposed project area. Atlas Environmental received a written
response from the North Carolina Department of Natural and Cultural Resources, dated
July 12, 2022. Based on their review of the project, they are "aware of no historic
resources which would be affected by the project." (Appendix D — NC Department of
Natural and Cultural Resources Letter).
Avoidance and Minimization: Off -Site Alternatives
BIN-AGP, LLC provided alternative project sites to the proposed project site. These
alternative project sites are in Chatham and Durham counties and are considered within
competitive proximity to the preferred proposed project site.
The North Carolina Department of Commerce annually ranks the state's 100 counties
based on economic well-being and assigns each a tier designation. The 40 most
distressed counties are designated as Tier 1, the next 40 as Tier 2, and the 20 least
distressed as Tier 3. This tier system is incorporated into various state programs to
encourage economic activity in the less prosperous areas of the state. Chatham and
Durham counties are ranked Tier 3 by the North Carolina Department of Commerce.
Opportunity Zones are an additional economic development tool that allows people to
invest in distressed areas in the United States. Their purpose is to spur economic growth
and job creation in low-income communities while providing tax benefits to investors.
Designated Opportunity Zones provide three tax benefits for investing unrealized capital
gains:
Temporary deferral of taxes on previously earned capital gains. Investors can place
existing assets with accumulated capital gains into Opportunity Funds. Those existing
capital gains are not taxed until the end of 2026 or when the asset is disposed of.
Basis step-up of previously earned capital gains invested. For capital gains placed in
Opportunity Funds for at least five years, investors' basis on the original investment
increases by 10 percent. If invested for at least seven years, investors' basis on the
original investment increases by 15 percent.; and,
Permanent exclusion of taxable income on new gains. For investments held for at
least 10 years, investors pay no taxes on any capital gains produced through their
investment in Opportunity Funds (the investment vehicle for Opportunity Zones).
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As stated above, the proposed project site was selected based on its ability to meet the
project purpose and developmental opportunities. The proposed project site is adjacent to
US Highway 64 and NC Highway 751, which provide easy access to 1-540, 1-40, and the
Raleigh Durham International Airport. Development of the proposed project site also is in
the best economic interest of the County. The surrounding area is being developed to
support commercial and light industrial. Concentrating like development allows for
roadways and infrastructure to be focused in an area without impacts to non -similar
development. While Chatham County is a Tier 3 county and considered in the least
distressed group of counties within the State, the proposed project site is in a Federal
Opportunity Zone (37037020600).
Alternative 1 — 400 Bynum Ridge Road (Pittsboro, Chatham County, NC): Alternative 1 is
located at 400 Bynum Ridge Road in Pittsboro, Chatham County, North Carolina. The site
is approximately 273.622 acres, and is located South/East of US Highway 501 and North
of US Highway 64 and the Town of Pittsboro. US Highway 501 is a key transportation
route between US Highway 64 and 1-85 and 1-40. US Highway 64 is a key transportation
corridor providing an East-West travel corridor across North Carolina. However, the site is
more than 30 miles to Raleigh -Durham International Airport.
The site is currently zoned as residential. Major road improvements may be required to
compensate for the increased traffic moving between the site and the highway
transportation corridors that can support the increased traffic. This alternative is not in an
Opportunity Zone and is designated as a Tier 3 county in North Carolina.
A portion of the property is identified as wetlands and floodplain of the Haw River and
Pokeberry Creek. Two stream systems bisecting the property and their wetlands, as well
as Pokeberry Creek along the Southeast boundary and the Haw River along the
Southwest boundary of the property may present constraints in developing the parcel,
especially for the construction of large industrial facilities. A delineation of the wetlands
has not been completed, and the extent of stream and wetland impacts needed to
accomplish the proposed project is unknown. However, topography and aquatic resource
constraints could potentially reduce the buildable area of the site. The Haw River also is
known habitat for the Federally listed Endangered Cape Fear Shiner (Notropis
mekistocholas). Its presence adjacent and downstream of the property would require
additional coordination with the US Fish and Wildlife Service (USFWS) to ensure that there
are no adverse effects to the species. Historical and cultural resources also are identified
within the boundaries of the project site, but the extent of potential impact to these
resources is unknown.
Alternative 2 — 4000 Moncure Pittsboro Road (Moncure, Chatham County, NC):
Alternative 2 is approximately 171.527 acres site located at 4000 Moncure Pittsboro Road,
in Moncure, Chatham County, North Carolina. The site is located between US Highway 1
and US Highway 501, Southeast of the Town of Pittsboro. US Highway 1 is a key
transportation route between Sanford and Raleigh, and US Highway 501 is a key
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transportation route between Sanford and Durham and provides access to other key
transportation routes to the West, such as US Highway 64. However, the site is more than
35 miles to Raleigh -Durham International Airport.
The site is currently zoned as residential. Moderate road improvements along Moncure
Pittsboro Road may be required to compensate for the increased traffic moving between
the site and the interstate transportation corridors. This alternative is in a Federal
Opportunity Zone (37037020600), and Chatham County is designated a Tier 3 county.
A portion of the property is identified as having streams and wetlands associated with
Stinking Creek. However, a delineation of the aquatic resources has not been completed,
and the extent of impacts to the aquatic resources needed to accomplish the proposed
project is unknown. There are no biological, historical, or cultural resources of
conservation concern known to occur within the project site.
Alternative 3 — 7401 Moncure Pittsboro Road (Moncure, Chatham County, NC):
Alternative 3 is approximately 277.826 acres site located at 7401 Moncure Pittsboro Road,
in Moncure, Chatham County, North Carolina. The site is located between US Highway 1
and US Highway 501, Southeast of the Town of Pittsboro. This alternative site is similar in
location and distance from important features as Alternative 2.
The site also is currently zoned as residential. Given its location and proximity to
Alternative 2, similar road improvements are expected. This alternative also is in a Federal
Opportunity Zone (37037020702), which provides the same three tax benefits as
Alternative 2, and is designated a Tier 3 county in North Carolina.
A portion of the property is identified as having streams and wetlands associated with Kirks
Creek and another portion associated with the Deep River. However, a delineation of the
aquatic resources has not been completed, and the extent of impacts to the aquatic
resources needed to accomplish the proposed project is unknown. There are no historical
or cultural resources known to occur within the project site, but there are several biological
resources of conservation concern that are known to occur within the vicinity of the project
site, including Federally listed species. A powerline right-of-way also cuts through the
property, potentially limiting the buildable area of the site.
Alternative 4 — 1403 Farrington Point Road (Chapel Hill, Chatham County, NC):
Alternative 4, at approximately 51.443 acres, is the smallest site considered in the
alternative analysis. The site is located at 1403 Farrington Point Road, Chapel Hill,
Chatham County, North Carolina. The site is nearly 20 miles to Raleigh -Durham
International Airport.
The site is currently zoned as residential. The size and shape of the project site create
considerable constraints to the construction of multiple industrial buildings greater than
100,000 square feet. In addition, Farrington Point Road and Lystra Road (the closest
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access roads) are not major transportation corridors. These roads would likely require
substantial improvements from the site to US Highway 501 or US Highway 64,
approximately four to six miles in distance. This alternative is not within a Federal
Opportunity Zone, and is designated a Tier 3 county in North Carolina.
A portion of the property is identified as having streams and wetlands associated with the
New Hope River Arm of Jordan Lake. However, a delineation of the aquatic resources has
not been completed, and the extent of impacts to the aquatic resources needed to
accomplish the proposed project is unknown. There are no biological, historical, or cultural
resources of conservation concern known to occur within the project site, but there are
sensitive biological resources in proximity to the project site.
Alternative 5 — 3442 Angier Avenue (Durham, Durham County, NC)
Alternative 5 is approximately 169.79 acres located at 3442 Angier Avenue/Rigsbee Road,
in Durham, Durham County, North Carolina. The site is East of 1-885/NC Highway 147,
just South of the interchange of the two roads. A railroad is adjacent to the Eastern
property boundary. 1-885 and NC Highway 147 are major transportation corridors connect
1-40 to the South and 1-85 North of Durham. The site is approximately 11 miles to Raleigh -
Durham International Airport.
The site is currently zoned as industrial, although a portion of the site is zoned residential.
While the project site is conveniently located next to major transportation corridors, there is
currently no direct access. Moderate road improvements along Rigsbee Road may be
required to compensate for the increased traffic moving between the site and the interstate
transportation corridors. Additional road improvements on other secondary streets may be
required to gain access to the transportation corridors. The railroad may also present
challenges as there are multiple tracks and a rail yard nearer the Northern portion of the
property boundary. This alternative is not within a Federal Opportunity Zone, and is
designated a Tier 3 county in North Carolina.
A portion of the property is identified as having aquatic resources associated with
Northeast Creek. A delineation of the aquatic resources has been completed. There is a
cemetery adjacent to the Eastern boundary of the property. The remnants of two historical
properties are known to occur within the project site, but their official status is unknown.
There are no biological resources of conservation concern known to occur within the
vicinity of the project site. A powerline right-of-way runs through the property, potentially
limiting the buildable area of the site.
Alternative 6 — No Action Alternative: As previously stated, serving the demands for
manufacturing, warehousing, and distribution requires the development of large industrial
facilities. The general area of the proposed project is currently developing as a complex of
light industrial and warehouse facilities in large part due to its proximity to the major
transportation corridors and the airport. While Chatham County is not necessarily
underserved in jobs, adequate industrial structures to meet the demand for warehousing
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and industrial facilities, especially in the City of Apex, is lacking.
Alternative" would avoid the associated impacts of development,
current and future demands for industrial facilities.
While a "No Action
it would not meet the
Additional detail on the determining factors (e.g., utilities, land price, proximity to
transportation corridors, roadway improvements) necessary to meet the purpose and need
of the proposed project are in Table 4.
Table 4. Site Selection Matrix
Factor
Apex
Bynum
4000
7401
1403
Farrington
3442 Angier
Gateway
Ridge Road
Moncure
Moncure
Point Road
Ave
4000
7401
1403
106 NC
400 Bynum
Moncure
Moncure
Farrington
3442 Angier
Location
Highway 751
Ridge Road,
Pittsboro
Pittsboro
Point Rd,
Durham,
Apex, NC
Pittsboro, NC
Road,
Road,Ave,
Chapel Hill,
NC, 27703
27523
27312
Moncure, NC
Moncure, NC
NC, 27517
27559
27559
County
Chatham
Chatham
Chatham
Chatham
Chatham
Durham
Size (Acres)
134.03
273.622
171.527
277.826
51.443
169.79
Multi -Building
Yes
Capability (Total
Yes
Yes
Yes
Yes
Marginal
Yes
>500,000 SF
Distance to
Transportation
<1
<1
4
<1
5
<1
Corridor Miles
Distance to
18
30
35
33
20
11
Airport Miles
Utilities Available
Yes
Water
Water
Water
Water
Yes
Zoning
Light
Residential
Residential
Residential
Residential
Industrial /
Industrial
Residential
Opportunity Zone
Yes
N0
Yes
Yes
No
No
37037020702
37037020600
37037020702
NC Tax
Tier 3
Tier 3
Tier 3
Tier 3
Tier 3
Tier 3
J
Incentives
I
Utility
Adjacent
Adjacent
Adjacent
Yes
Adjacent
Yes
Right-of-ways
Electric
Electric
Electric
Electric
Electric
Electric
Site Access
Minor
Major
Moderate
Moderate
Moderate
Moderate
Improvements
Near Similar
Yes
No
No
No
No
Development
Reasonable &
YES (32)
NO (23)
NO (25)
NO (25)
NO (22)
YES (28)
7
Practicable 33
After conducting an analysis of potential project sites that would meet the purpose and
need of the proposed project, we have determined that one additional site is reasonable
and practicable. This site along with the preferred project site are further considered in a
Least Environmentally Damaging Practicable Alternatives (LEDPA) analysis for their
potential to impact important environmental, historical, and cultural resources (Table 5).
Site plans and resource maps for the reasonable and practicable alternative, including a
preliminary mock-up of development and associated potential impacts to important
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resources, are included in Appendix E — Least Environmentally Damaging Practicable
Alternatives.
Table 5. Least Environmentally Damaging Practicable Alternatives Analysis
LEDPA Factor
Apex Gateway
3442 Angier Avenue
Wetland Impacts
Yes
Yes
Stream Impacts
Yes
Yes
Floodplain Impacts
No
No
Other Waters
Class C; WS-IV; NSW
Downstream (White Oak
Creek)
Class C; WS-V; NSW
Downstream (Northeast
Creek
Historic & Cultural Resources
No
Yes
(Cemetery; Homesites
ESA
No
No
[* This analysis is based, in part, on information that suggest that site assessments,
surveys, or other coordination with the USACE and/or USFWS were conducted.]
Based on the analysis of the determining factors, associated infrastructure necessary to
meet the purpose and need of the proposed project, and an analysis of the least
environmentally damaging practicable alternatives, we will focus the remaining information
on the proposed project site.
A proposed site development plan for the preferred project site is attached, including
potential impacts to wetlands (Appendix F — Proposed Site Plan and Associated Wetland
Impacts). The following information about associated impacts is based on the preferred
site development plan for the proposed project site.
Avoidance and Minimization: On -Site Alternatives
Due to the nature of this business, storage, parking, and docking facilities are extremely
valuable and having more of each is beneficial. The building placement and overall size
and the amount of parking spaces has been designed for the proposed site plan to avoid
higher quality resources and to minimize impacts to streams and wetlands. Furthermore,
the building placement and project layout has been designed to comply with public
infrastructure requirements, including the construction and dedication of a public road
(Gateway Drive) to the Town of Apex, and an additional 17.14 acres of tree save and
greenspace buffer. When taking development requirements and restrictions into account,
such as building design needs, local zoning (e.g., setbacks, buffers, stormwater, and
landscaping), parking, internal site access, ingress and egress corridors, and docking, we
concluded that impacts to aquatic resources could not be avoided. However, avoidance
and minimization of impacts could be achieved by the sizing and placement of the
buildings, parking, and corridors within the project review area as well as use of a retaining
wall.
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The proposed project has been designed to avoid impacts to the greatest extent possible.
The buildings and associated infrastructure are being sized to the minimum spatial extents
to accomplish the project purpose and need (reference Appendix F). The building sizes,
placement, and floor elevations were designed to avoid all perennial streams, all open
waters, and most wetlands. One building has been reduced in size, realigned away from
the property line to the greatest extent possible to allow vehicles to move safely around
both buildings, and a retaining wall will be constructed to the West of the building to avoid
and further reduce impacts to intermittent channel CH 300. The proposed retaining wall is
approximately 362 linear feet in length and approximately 30 feet at its highest point. The
design of the two stormwater control measures will prevent potential impacts associated
with sediment and erosion control. The proposed stormwater control measures are at
natural low points for the project site and in the best location to collect the most impervious
area runoff in the development so that they can detain and treat stormwater as required.
Furthermore, the placement of the stormwater control measures are the only locations of
sufficient size to avoid impacting the dedicated stream buffer and tree save area.
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.
The applicant will include buffers around the aquatic resources within the greenspace as
additional avoidance and minimization measures. Buffer enhancement includes natural or
planted buffers of 40 feet around the property boundary. Additional vegetated buffers of
varying widths will be established around all remaining aquatic resources as part of a tree
save area. Buffers in these areas range from 5 feet to more than 450 feet depending on
distance from limit of disturbance or property boundary to the aquatic resources.
Nevertheless, the buffer area will include the entirety of the tree save area, totaling
approximately 17.14 acres in size. Buffer areas will be plainly marked before, during, and
after any construction activities to ensure that no encroachment occurs.
The two tenants for buildings 1 and 2 require visibility from Gateway Drive to enhance
awareness of their products. Typical industrial construction occurs from the entrance of a
site and progresses to the back of the site to take advantage of lower upfront construction
costs. Less infrastructure is required building at the entrance of a development first. BIN-
AGP, LLC will construct buildings 1 and 2 at the entrance of the site to gain the tenant
relationship as quickly as possible to begin recouping some of the required public
infrastructure costs as well as their construction costs. It is not practical to construct
industrial buildings not adjacent to one another for several reasons: there are increased
costs due to mobilizing to a different location on site, parking areas and access roads
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around the buildings cannot be shared, ingress and egress access cannot be shared,
driving through a construction site once a building is occupied is very dangerous and
highly undesirable to the tenant of the occupied building.
Stormwater Treatment
All stormwater treatment will meet or exceed the stormwater management requirements
for Chatham County and the North Carolina Department of Environmental Quality
(NCDEQ). Stormwater management plans for will be prepared in accordance with a
stormwater drainage masterplan to be prepared by a professional engineering firm
licensed by the State of North Carolina prior to the development. The stormwater drainage
masterplan will address the hydrological characteristics of the entire site, as well as
adjacent drainage patterns of relative importance. The plan will address predevelopment
conditions and post -development stormwater management for flood control and sediment
reduction. This plan will also address stormwater quality to enhance water quality and
protect the surrounding freshwater wetlands.
Stormwater control measures with the proposed project are designed to avoid or minimize
impacts to higher quality aquatic resources and avoid the buffer and tree save area. The
proposed stormwater control measures are at natural low points for the project site and in
the best location to collect the most impervious area runoff so that it can detain and treat
stormwater as required. Alternative designs, such as Low Impact Development practices,
are not always practical for industrial developments because the amount of impervious
surface area is typically more concentrated than comparably sized impervious surfaces for
residential or commercial developments. Similarly, underground stormwater control
measures may not be suitable on sites with shallow bedrock. The proposed site has
exposed bedrock in a stream channel suggesting a shallow bedrock. Nevertheless, the
stormwater control measure design within an industrial development can include
components to mimic the natural processes of retaining rainwater. The proposed project
will include grass and treed islands within the parking lots that will retain rainwater and the
buffer areas around the proposed development will allow a natural soak into the ground.
Additional Public Interest Factors
Construction operations of the proposed project are planned for five days a week, weather
permitting, and will largely be conducted during normal business hours (e.g., 7.00 am to
5.00 pm). Operations of the proposed project site will vary depending on the tenants, but
are not expected to be routinely outside of normal business hours. A minimum 40-foot
vegetated buffer will be established along the property boundaries and adjacent
development. Traffic from the proposed project will be routed along Gateway Drive to NC
Highway 751. Turn lanes to access the facility along NC Highway 751 may be required by
NCDOT, but additional road improvements are not anticipated. Additional public interest
factors are summarized in Table 7 with commentary below.
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Table 7. Public Interest Factors.
Factor
c
z
c
E
L
Q
Q
CM
Q
M
a'
a
z
a
a
m
Q
Z
Z c�
o 0
z Q
a
Conservation
X
Economics
X
Aesthetics
X
General Environmental Concerns
X
Wetlands
X
Historic Properties
X
Fish and Wildlife Values
X
Flood Hazards
X
Flood lain Values
X
Land Use
X
Navigation
X
Shoreline Erosion and Accretion
X
Recreation
X
Water Supply and Conservation
X
Water Quality
X
Energy Needs
X
Safety
X
Food and Fiber Production
X
Mineral Needs
X
Consideration of Property Ownership
X
Needs and Welfare of the People
X
Conservation: Negligible — Implementation of the proposed activity would impact upon the
ecological integrity of a wetland, floodplain, and aquatic and wildlife resources, as
described above. The proposed project would change the area that supports some variety
of species to one that would support less or a different diversity. The aquatic and upland
environments proposed for impact are largely surrounded by forested areas and residential
homesites with increasing industrial and commercial development. The nearby White Oak
Creek and its associated wetland function will continue to provide connected and buffered
habitats for aquatic and terrestrial wildlife and help maintain the ecological integrity of
White Oak Creek and Jordan Lake. Endangered, Threatened, or rare species or
Designated Critical Habitats are not expected to be adversely affected by the proposed
project. In summary, the proposed project will have negligible impacts on conservation
and the overall ecology of the project area.
Economics: Beneficial — The applicant, contractor, equipment supplier, tenants, and other
commercial enterprises would benefit from the proposed project by increasing earnings
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from activities associated with construction of the proposed project and operation of the
facilities when completed. The end user and consumer also will benefit from the proposed
project by receiving goods and services more quickly if they exist within the serviceable
area of the companies using the proposed project facilities. The neighbors' property
values would be unaffected by the proposed project but could increase if the property
becomes more valuable by changing zoning status. Increased use of the area could
benefit local businesses. Local workers could benefit from the creation of new job
opportunities associated with both construction and operations of the proposed project.
Lastly, the proximity to the airport and transportation corridors means a cost savings to the
tenants to deliver goods and services and a benefit to the consumer by receiving those
goods and services faster. In summary, the proposed project would have a major, long-
term, positive effect on local economics.
Aesthetics: Neutral — The public's view of the proposed project will be no different to views
of similar structures in the vicinity of the proposed project and along US Highway 64. The
neighboring landowners will have a vegetative buffer screen (minimum of 40-foot)
established between their properties and the proposed project property. The proposed
project will likely be visible from NC Highway 751, and may be visible from US Highway
64. Vegetated buffers and the possible use of planted berms will screen the development
to help maintain the compositional harmony or unity or diversity of the area as viewed by
the public. The net impact of the transformation associated with the construction and/or
operation of the proposed project will depend solely on individual taste. In summary, the
effects of the proposed project on aesthetics will be neutral and dependent on personal
preference.
General Environmental Concerns: Negligible — General environmental concerns from the
proposed project are expected to be negligible. Impacts to air quality, ambient noise, and
light are expected from construction and operation of the proposed project. But these
impacts are expected to be like construction or warehouse operations impacts already
occurring in the area. By concentrating similar businesses additional general
environmental impacts area minimized overall. Introducing these impacts into more rural
areas or areas nearer to alternative land uses (e.g., residential, agricultural, or
recreational) may have a greater impact simply because those types of impacts are
different than impacts associated with the alternative land uses.
Wetlands: Beneficial — No additional impacts to wetlands or streams are expected beyond
those presented above. The integrity of White Oak Creek and its associated wetlands will
be maintained and will continue to provide wetland function.
Historic Properties: None — No historic properties are located on the proposed project site
and none in the vicinity of the proposed project area expected to be affected.
Fish and Wildlife Values: Beneficial — The proposed project area is a forested upland with
a riparian system along the East side of the property. Wildlife species have been observed
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using the proposed project area. Impacts to these species, as well as aquatic species on -
site (as addressed above), are expected to be negligible. Some vegetative areas will
remain following construction of the proposed project, especially along the riparian corridor
system. Maintaining the connection of this riparian corridor will continue to provide habitat
for wildlife species and have an overall beneficial effect.
Flood Hazards: Neutral — The proposed project aquatic impact areas are first order
streams and adjacent wetlands. The proposed project intends to maintain water flow and
wetland habitats within the riparian corridor on -site and downstream of the property,
thereby reducing the potential for flood hazards. Potential flood hazards following
construction of the proposed project are not expected to be different from current
conditions.
Floodplain Values: Negligible — Impacts to the primary floodplain are avoided in the
preferred project plan. The impacts from the proposed project to the floodplain value is
expected to be negligible during construction and operation of the facility.
Land Use: Negligible — The proposed project effects on land use are negligible. The land
use will change from a forested residential tract to an industrial warehouse development.
However, a forested area and riparian system will remain, especially along the perimeter of
the property and riparian corridor leading toward White Oak Creek. While the project
proposes conversion from forested land to developed land, the property is within a planned
area for warehouse and industrial facilities. Furthermore, utilizing the property for
industrial facilities provides benefits to land use given its proximity to transportation
corridors, rather than other types of development (e.g., residential development).
Navigation: Not applicable. No impacts would be expected.
Shoreline Erosion and Accretion: Not applicable. No impacts would be expected.
Recreation: Not applicable. No impacts would be expected.
Water Supply and Conservation: Negligible — The proposed project is not expected to
have any effect on the water supply and conservation. Additional water use may be
required during project construction and operation, but the use would be negligible when
compared to existing use in the project area.
Water Quality: Neutral — The proposed project is not expected to have positive or negative
effects on water quality. The expected impacts from the proposed project on streams on
the property are of lower quality. Minimal wetlands impacts are associated with the
proposed project. The large riparian system will remain intact and will continue to provide
benefits for water quality. Stormwater management associated with the proposed project
will be constructed in a manner to avoid any water quality impacts. The proposed project
is not expected to have any other impact to water quality.
ATLAS Environmental, Inc.
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Energy Needs: Not applicable. No impacts would be expected.
Safety: Negligible — No unsafe conditions would be created or increased by the proposed
construction or operation of the proposed project. However, construction and operational
activities come with inherent conditions that create safety concerns. These concerns are
different, but not appreciably greater or fewer than the concerns of the proposed project.
No short-term or long-term, negative impacts are expected from the proposed project.
Food and Fiber Production
Not applicable. No impacts would be expected.
Mineral Needs: Not applicable. No impacts would be expected.
Consideration of Property Ownership: Beneficial — The applicant has a right to reasonable
private use of the property, subject to the rights and interests of the public in the waters of
the United States, including federal navigation servitude and federal regulation for
environmental protections. The proposed project will have benefits to the applicant's right
to property ownership. In summary, the proposed project would have a major, long-term,
positive impact for the property owner.
Needs and Welfare of the People: Beneficial — The proposed project would benefit
consumers and job seekers. Consumers would receive goods and services more quickly
with warehouse facilities nearer the end -users' market area. Jobs also would be created
during construction of the proposed project and operations of the finished facilities. People
looking for employment would benefit from the jobs created. In summary, the proposed
project would create major short-term and long-term, positive impact on the needs and
welfare of the people.
Enclosed are the necessary permit application documents and additional information.
Thank you for your attention to the enclosed request. Please contact me if you need any
additional information.
Best regards,
i
Jennifer L Robertson, President
[e-mail]
ATLAS Environmental, Inc.
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