20221496 Ver 2_More Info Requested_20230505

DocuSign Envelope ID: 9A1 F9CE2-A9BE-4EA0-A967-1 B478081ABA9
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 5, 2023
DWR # 20221496 v2
Chatham County
BIN-AGP, LLC & Mills Chatham Investment Properties, LLC
Attn: Mr. Jon Morris
500 Morehead St, Suite 200
Charlotte NC 28202
Delivered via email to: [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION
Apex Gateway Industrial Center
Dear Mr. Morris:
On March 24, 2023 (fee received on April 3, 2023), the Division of Water Resources (Division) received
your application requesting a 401 Individual Water Quality Certification from the Division for the subject
project. The Division has determined that your application is incomplete and cannot be processed. The
application is on -hold until all of the following information is received:
1. It appears that further avoidance and minimization is feasible for the proposed project.
Specifically:
a. The application indicates that the buildings proposed are speculative in nature.
Given that the buildings were not designed for a specific tenant's needs/design it
would appear that resizing the building would be practical and would provide further
avoidance and minimization.
b. Additional property immediately adjacent to the proposed buildings is within the
proposed industrial development and appears available, therefore it would appear
that the building(s) and roadway could be shifted slightly to provide further
avoidance and minimization while still providing the preferred "high visibility".
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by
submitting all of the above requested information through this
link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
oaa..m.mof�runn,aM,lOual\ /� 919.707.9000

DocuSign Envelope ID: 9A1 F9CE2-A9BE-4EA0-A967-1 B478081ABA9
Apex Gateway
DWR# 20221496 v2
Page 2 of 2
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Sue Homewood at 336-813-1863 or [e-mail] if you have any
questions or concerns.
Sincerely,
EsDocuSigned by:
ft p�G lass
755ABFOCD8OB428_.
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Jennifer Robertson, ATLAS Environmental
Chris Hopper, USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20221496v2_Apex Gateway_Chatham_addinfo.docx
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,—UI0-Ift /� 919.707.9000