20230004 Ver 2_USACE More Info Requested_20230925

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
September 25, 2023
Regulatory Division
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Mr. Adam Simpson
Apex Industrial Owner, 2, 3, 4, LLC
3953 Maple Ave
Dallas, Texas 75219
Dear Mr. Simpson:
Please reference your Individual Permit application for Department of the Army (DA)
authorization to permanently discharge dredged or fill material into 2.46 acres of riparian
non-riverine wetlands and 243 linear feet of stream, associated with constructing the
Apex Commerce Center in Apex, Wake County, North Carolina.
The U.S. Army Corps of Engineers, Wilmington District (Corps) advertised your
proposal by public notice dated July 25, 2023. Comments in response to the notice
were received from agencies including the North Carolina Department of Natural and
Cultural Resources (NCDNCR), North Carolina Division of Water Resources (NCDWR),
the Catawba Indian Nation and United States Environmental Protection Agency
(USEPA). The comments received are enclosed for your information and to provide you
with the opportunity to address any stated concerns.
Please provide written responses to all comments from the NCDWR and USEPA.
Note that the NCDNCR, in a letter dated August 30, 2023, stated that they are aware of
no historic resources which would be affected by the project, and concur with the no
historic properties affected assessment. The Catawba Indian Nation, in an email dated
August 30, 2023, stated that they had no immediate concerns with regard to traditional
cultural properties, sacred sites or Native American archaeological sites within the
boundaries of the proposed project areas. However, the Catawba are to be notified if
Native American artifacts and/or human remains are located during the ground
disturbance phase of this project.
Further, on February 6, 1990, the Department of the Army (DA) and the U.S.
Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA)
establishing procedures to determine the type and level of mitigation necessary to
comply with Clean Water Act (CWA) Section 404(b)(1) Guidelines. This MOA provides
for first, avoiding impacts to waters and wetlands through the selection of the least
damaging, practical alternative; second, taking appropriate and practical steps to reduce

impacts on waters and wetlands; and finally, compensation for remaining unavoidable
impacts to the extent appropriate and practical. To enable us to process your
application, in compliance with the MOA, we request that you provide the following
additional information:
Alternatives: The Alternatives Analysis discussion does not meet the requirements of
the Section 404(b)(1) Guidelines and is insufficient in providing information that can be
used to make an informed decision to identify the Least Environmentally Damaging
Practicable Alternative (LEDPA).
The applicant did not provide reasonable offsite alternatives. The sites proposed did not
meet the site criterion chosen by the applicant and if a site does not meet the project
criteria, it should not be evaluated further for environmental impacts as it is not a
practicable alternative.
When developing an alternatives analysis, the first stage should discuss the evaluation
of offsite locations based solely on the project criteria. The second stage, an analysis of
practicable sites and the preferred site, would analyze the environmental impacts on
each site that are required by the project.
To merely say a site, or even a specific project layout, would incur more aquatic
resource impacts compared to the preferred alternative is not acceptable. It must be
demonstrated.
The analysis provided did not discuss potential onsite avoidance and minimization such
as changing the size or shifting the orientation of the onsite buildings. The alternatives
provided are too narrow based on the determination of the exact building size. The
economic analysis did not include information about how those numbers and analysis
were conducted, considering that end users are currently unknown at this time. It also
failed to include future profit projections outside of the first year. You also factored in the
building size for Lot E in your economic profit analysis but stated that there are currently
no proposed plans for lot E. There was also no mention of whether tenants would be
purchasing or renting a portion of the building.
In prior submittals of this project, facilities were proposed on Lot A, why can this space
not be utilized for a building and infrastructure which would reduce the size of one of the
proposed buildings and help avoid impacts to waters.
Cross -Sectional Drawings/Culverts: Please include cross sectional drawings of the
box culvert.
-2-

Secondary Effects/Hydrology: Please address secondary and indirect impacts to
remaining wetland features onsite. Please be aware that additional mitigation may be
required for secondary/indirect effects.
Please provide drawings showing outfalls from stormwater features to show that water
will still flow into wetlands.
U.S. Fish and Wildlife Consultation: Please be aware that the Tricolored Bat will
potentially be listed during the permitting process and additional consultation may be
required by the U.S. Fish and Wildlife Service. Please provide information about the
amount of tree clearing, a description of the forest to be cleared, and time of year tree
clearing will be done.
We request you provide the information needed to properly review the permit
application within 30 days of the date of this letter. If no response is received by then,
we will assume you have no further interest in obtaining a Department of the Army
permit and the application will be deactivated.
You are cautioned that work performed below the ordinary high-water line in
waters of the United States or the discharge of dredged or fill material into adjacent
wetlands without a Department of the Army permit could subject you to enforcement
action. Receipt of a State permit does not obviate the requirement for obtaining a
Department of the Army permit for the proposed work prior to commencing work.
Thank you for your cooperation with the Corps Regulatory Program. Should you
have any questions regarding this request for additional information, please contact me
by electronic mail at Rachel.A.Capito(a-)_usace.army.mil.
Sincerely,
CAPITO.RACHEL.A Dig [tally signed by
CAP ITO. RACH ELAN N.1536276790
NNA536276790 Date: 2023 .09.25 08:53:22 -04'00'
Rachel Capito, Regulatory Project Manager
Raleigh Regulatory Field Office
-3-

Enclosures
Copies Furnished electronically:
Mr. Jeff Harbour, Terracon, jeff.harbour(a--)terracon.com
Mr. Todd Bowers, U.S. Environmental Protection Agency, Bowers. todd(aD-epa.gov
Ms. Sue Homewood, North Carolina Division of Water Resources,
Sue. Homewood(a-ncdenr.gov

From:
Bowers, Todd
To:
Caoito, Rachel A CIV USARMY CESAW (USA)
Subject:
[URL Verdict: Neutral][Non-DoD Source] FW: US Army Corps of Engineers Public Notice SAW-2019-00955 Apex
Commerce Center
Date:
Monday, August 7, 2023 2:17:36 PM
Attachments:
image001.pnna
Importance:
High
Rachel,
The EPA Region 4 Ocean, Wetlands and Streams Protection Branch has reviewed the subject
Individual Permit Public Notice under DA Action ID SAW-2019-00955 dated July 25,
2023. It is our understanding that the applicant, Apex Industrial Owner 3, LLC on behalf of
Apex Industrial Owner 2, 3, 4, LLC, is seeking Department of the Army (DA) authorization to
discharge fill material into 2.46 acres of wetlands and 243 linear feet of stream channel,
associated with the construction of flex -use warehouse buildings on Lots C, D, and E in the
Apex Commerce Center (ACC), in Apex, in Wake County, North Carolina.
According to the Public Notice, Applicant's Stated Purpose, and Project Description, the
applicant's stated purpose of the project is to develop an industrial park and associated
infrastructure consistent with local zoning and municipal requirements in the Apex area of
central North Carolina. The ACC consists of approximately I I I acres, divided into five lots
for industrial development. This project specifically involves Lots C, D, and E (72.52 acres)
off the proposed extension of Production Drive, north of Pristine Water Drive and Jessie
Drive.
The applicant is proposing a project that comprises of construction of flex -use warehouse
buildings (Lots C, D, and E), associated roadway infrastructure (Pristine Water Drive and
Production Drive), and stormwater ponds. The site is part of the ACC. Development of Lot B
of the ACC did not require DA authorization as it was constructed entirely in uplands.
The project would require the permanent discharge of fill material into 2.46 acres of
wetlands and 243 linear feet of stream channel. Impacts associated with the construction of
the southern end of Production Drive along with parking areas adjacent to the proposed
buildings on Lot D and Lot E would impact 2.150 acres of hardwood flat. The remaining 0.31
acre of impact would impact headwater forest wetland systems associated primarily with road
construction, grading, and stormwater piping. Further, the extension of Production Drive
would also impact two stream channels. One crossing would impact 116 linear feet of
intermittent stream channel through the installation of a 60-inch culvert and 127 linear feet of
perennial stream through the installation of a dual 4' high by 12' wide box culverts, totaling
0.047 acre of waters of the US.
Terracon confirmed with Statement of Availability letters dated July 7, 2023, that RES (EBX-
Neuse I, LLC Stream and Wetland Mitigation Banks) is currently able to provide the
necessary wetland and stream mitigation associated with the project. Currently, the mitigation
ratio for impacts is 2:1, considering that the applicant didn't provide any supporting
documentation to justify otherwise.
At this time, EPA Region 4 has some site -specific comments or concerns associated with
CWA regulation for the project as presented in the Public Notice. The main issue is with the
unnamed wetland immediately south of Lot D and north of Pristine Water Drive. I commend

the applicant for presenting a project that avoids some of the wetlands on -site, however, it is
clear that some of the avoided areas are likely going to be lost without direct impact due to fill.
The aforementioned avoided wetland, while not being directly filled, will be hydrologically
isolated from waters of the United States by direct filling of the 2.15 acres of wetlands in Lot
D and E. This will, in effect, create an indirect loss of waters of the US and should therefore
be compensated for. Additionally, it is unclear where any discharge waters from the
stormwater catchment basin adjacent to Lot D will go to. Based on the provided plans it
appears that the adjacent wetland will receive any discharge however hydrologically this water
would then be retained here. It is unclear what the purpose of the pipe under Pristine Water
Drive is for since both sides of the pipe appear to be filled due to grading of lots D and E.
In short, I believe that the applicant should compensate for all wetlands (directly filled or
otherwise) in Lot D and provide a suitable outlet for the stormwater catchment basin at
the southern end of Lot D.
Thank you for the opportunity to provide feedback on DA Action ID SAW-2019-00955
associated with the construction of flex -use warehouse buildings on Lots C, D, and E in the
Apex Commerce Center, in Apex, in Wake County, North Carolina.
Best Regards,
Todd Bowers
Todd Allen Bowers
US EPA Region 4 Wetlands and Stream Regulatory Section
Water Division Quality Assurance Coordinator
61 Forsyth St. SW
Atlanta, GA 30303
919.523.2637 cell/telework
404.562.9225 office
Bowers.todd&eTgov
"Do unto those downstream as you would have those upstream do unto you. "
Wendell Berry
From: CESAW-PublicNoticeList <[e-mail]>
Sent: Tuesday, July 25, 2023 12:08 PM
Subject: US Army Corps of Engineers Public Notice

Importance: High
As you requested, you are hereby notified that the Wilmington District, United States Corps of
Engineers, has issued a Public Notice. The text of this document can be found on the Public
Notices portion of the Regulatory Division Home Page. Each Public Notice is available in
ADOBE ACROBAT (.pdf) format for viewing, printing or download at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/
The current notice involves: SAW-2019-00955
Name: Cash Corporate Center / Burma Drive extension / Production Drive / Apex / Wake
County/commercial
Issue Date: 25 July 2023
Expiration Date: August 24, 2023
Point of Contact: Rachel Capito
Email: RaleighNCREG(@usace.army.mil.
Project Description:
The proposed project comprises construction of flex -use warehouse buildings (Lots C, D, and E),
associated roadway infrastructure (Pristine Water Drive and Production Drive), and stormwater
ponds. The site is part of the ACC. Development of Lot.
The project would require the permanent discharge of fill material into 2.46 acres of wetlands and
243 linear feet of stream channel. Impacts associated with the construction of the southern end of
Production Drive along with parking areas adjacent to the proposed buildings on Lot D and Lot E
would impact 2.150 acres of hardwood flat. The remaining 0.31 acre of impact would impact
headwater forest wetland systems associated primarily with road construction, grading, and
stormwater piping. Further, the extension of Production Drive would also impact two stream
channels. One crossing would impact 116 linear feet of intermittent stream channel through the
installation of a 60-inch culvert and 127 linear feet of perennial stream through the installation of a
dual 4' high by 12' wide box culverts, totaling 0.047 acre of waters of the US.
The applicant's agent stated that there are no current plans to develop Lot A and that the applicant
has attempted to avoid any potential indirect impacts from the project since all necessary
infrastructure will be constructed during the initial construction.
Additionally, an existing culvert under Pristine Waters Drive is proposed to be replaced as part of this
project. The culvert replacement would occur inside the existing footprint of the original impact and

no additional aquatic resources would be affected by the replacement.
Typical construction equipment would be used consisting of excavators, graders, bulldozers, front-
end loaders, dump trucks, and pump -around equipment. If shallow rock is present, blasting may be
necessary.
Subscribe/Unsubscribe: This email was sent out as a result of subscribing to the Wilmington District
regulatory program public notices. Please reply to this email with the subject or message
11unsubscribe" to remove your address from future mailings.

DocuSign Envelope ID: 2A780003-C8A3-41 FE-81 E8-1 0131 340AFE57
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
August 21, 2023
DWR # 20230004v2
Wake County
Apex Industrial Owner 3 LLC
Attn: Mr. Adam Simpson
3953 Maple Ave, Suites 300
Dallas TX 75219
Delivered via email to: [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION
Apex Commerce Center
Dear Mr. Simpson:
On July 7, 2023, the Division of Water Resources (Division) received your application requesting an
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. If the USACE requests a response to any comments received as a result of the Public Notice, please
provide the Division with a copy of your response to the USACE.
2. The application states that "The location of Production Drive causes a long linear impact to the
wetland (Area 2) which effectively cuts off 50% of its natural drainage area." Production Drive
appears to be proposed for construction along a natural topographic crest, and as stormwater is
typically channeled off roadways in a linear fashion, it is unclear how construction of Production
Drive itself would significantly reduce the natural drainage area. Both the Impact Areas Plan and
Profiles sheets and the Required Public Roadways Wetland Impacts sheet appear to indicate that
roadway fill from Production Drive would not fill a significant portion of Wetland L. While it is
acknowledged that multiple driveways would increase impacts, the proposed plan sheet shows that
0.87 acres of wetlands would remain and be connected through driveway culverts after road
construction. As such, for wetland impacts from development on Lots D and E, please provide a
more detailed description of how the development impacts have been avoided and minimized to
the maximum extent possible unrelated to the adjacent road construction. As the proposed
development is speculative, please explain why the speculative buildings could not be reduced in
size to further minimize impacts within these lots.
3. The application does not include any temporary impacts to streams for the purpose of installation
"in the dry". Please provide a construction sequence and/or plans that indicate that the culverts will
be installed "in the dry" such that the flowing stream will not come in contact with the disturbed
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA
Ogwhnnnl of Emlmnnnental Oaali� 919.707.9000

DocuSign Envelope ID: 2A780003-C8A3-41 FE-81 E8-1 0131 340AFE57
Apex Commerce Center
DWR# 20230004 v2
Request for Additional Information
Page 2of2
area during culvert construction. Please update the impact table to include any additional
temporary impacts for this activity.
Please note that a complete review of the project could not be conducted at this time based on the
information submitted. Upon receipt of the requested information, additional requests may be
necessary to determine compliance with all appropriate state regulations.
Pursuant to Title 15A NCAC 02H .0502(e) / 15A NCAC 02B .0611, 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).
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 or the
Tar -Pamlico Buffer Rules 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 p6AAk 1 6SS
980C5097D80E4E9...
Stephanie Goss Supervisor
401 & Buffer Permitting Branch
Electronic cc: Jeff Harbour, Terracon
Rachel Capito, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
DWR RRO
DWR 401 & Buffer Permitting Branch file
Filename: 20230004v2 Apex Commerce Center -Wake-addinfo.docx
D � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA
n�_M&�ro� QUaZ �/ 919.707.9000

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
August 30, 2023
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
Rachel A. Capito RaleighNCREG(&usace.army.mil
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Construct two warehouse buildings, Lots C & D, Apex Commerce Center,
2170 Production Avenue, Apex, Wake County, ER 22-2975
Dear Ms. Capito:
Thank you for your public of July 25, 2023, concerning the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we concur with your assessment of no historic properties affected.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.review&dncr.nc.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
(} State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

Catawba Indian Nation
Tribal Historic Preservation Office
1536 Tom Steven Road
Rock Hill, South Carolina 29730
Office 803-328-2427
Fax [phone]
August 30, 2023
Attention: Rachel A. Capito
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re. THPO # TCNS # Project Description
2023-56-31 SAW-2019-00955
Dear Ms. Capito,
The Catawba have no immediate concerns with regard to traditional cultural properties,
sacred sites or Native American archaeological sites within the boundaries of the
proposed project areas. However, the Catawba are to be notified if Native American
artifacts and/or human remains are located during the ground disturbance phase
of this project.
If you have questions please contact Caitlin Rogers at 803-328-7369, or e-mail
[e-mail].
Sincerely,
Wenonah G. Haire
Tribal Historic Preservation Officer