20221496 Ver 3_Public Notice_20231005

1 1
PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: October 5, 2023
Comment Deadline: November 4, 2023
Corps Action ID Number: SAW-2023-00049
The Wilmington District, Corps of Engineers (Corps) received an application on
September 22, 2023 from Jon L. Morris seeking Department of the Army authorization
to discharge of fill material into 1.561 acre of wetlands, 0.075 acre of stream (1,720
linear feet) and 3.902 acre of open water, associated with the construction of industrial
buildings, commercial/retail buildings of varying sizes and features and associated
infrastructure to meet current and future demand for industrial space in Apex, Chatham
County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
https://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant:
AGENT (if applicable):
Authority
Jon Morris and Gray Harrell
BIN-AGP LLC
500 E Morehead Street Suite 200
Charlotte, NC 28202
Jennifer Robertson
Atlas Environmental Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
The Corps evaluates this application and decides whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
❑x Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
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❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
Location
Location Description: The proposed project site is located at 106 NC Highway 751,
Apex, North Carolina, 27523. The review area includes 13 full and two (2) partial
parcels (Parcel ID Numbers 17886,17894, 17903, 17904, 17912 (partial), 17915
(partial), 17918, 60490, 60523, 67322,68507, 76475, 95398, 95749, and 95750),
totaling approximately 302.16 acres in Chatham County, North Carolina. The general
project location is on all corners of the intersection of US Highway 64 and NC Highway
751, approximately 7 miles east of Apex's city center as depicted in Figure A3.
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Information shown on these
drawings/maps/charts is
compiled from numerous
sources and may not be
complete or accurate.
Aerial Imagery
Legend
p Review Area
O Parcels
Streets
Chatham/Wake Co. Line 0 500 1,000 1,500 2,000 Ft
NC Onelviap Aerial Imagery 2021
Project Name: Apex Gateway
1 Location: 106 NC Highway 751 Apex, NC 27523
nONMENTAL For: BIN —AGP LLC Attn: Jon Morris
Ficu,e A3 Coordioa!e;: 35.747992` ,-78.947729' Date. Sept, 5, 2023
Project parcels outlined in red.
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Project Area (acres): 302.16
Nearest Town: Apex
Nearest Waterway: White Oak Creek
River Basin: Cape Fear
Latitude and Longitude: 35.747992N,-78.947729W
Existing Site Conditions
The project site is comprised of four, originally distinct and independently proposed,
development sites — NC Highway 751, Droege Aulicino, Apex Gateway (sometimes
identified as Project Real), and Berkut.
The Site is made up of partially cleared areas as well as mixed hardwood/pine forest.
The mixed hardwood/pine forest vegetation is comprised primarily of red maple (Acer
rubrum), tulip tree (Liriodendron tulipifera), black willow (Salix nigra), sweet gum
(Liquidambar styraciflua), green ash (Fraxinus pennsylvanica), and water oak (Quercus
nigra). The sapling/shrub understory is made up of common elderberry (Sambucus
nigra), Chinese privet (Ligustrum sinense), red maple, and American hornbeam
(Carpinus caroliniana). The understory is made up of soft rush (Juncus effusus),
Japanese stiltgrass (Microstegium vimineum), and sawtooth blackberry (Rubus argutus)
in the wetland areas.
The onsite soils are comprised of Creedmoor Green Level complex soils with slopes
ranging from 2-15 percent.
The Site is in the Cape Fear River Basin, HUC 03030002. There are 11 perennial,
intermittent and ephemeral streams onsite with some unnamed tributaries flowing into
White Oak Creek and Jordan Lake Reservoir which flows to the Haw which flows into
the Cape Fear River. One unnamed tributary flows into Beaver Creek which flows into
Jordan Lake, the Haw and the Cape Fear rivers.
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. The site is bisected by U.S. Highway 64 and NC Highway 751.
General land use in the vicinity is somewhat undisturbed due to the proximity of Jordan
Lake, with some high density residential and commercial properties in the vicinity.
Applicant's Stated Purpose
The purpose of the proposed project is to provide a new and modern, high -quality, light
industrial and commercial center with industrial buildings and commercial/retail buildings
of varying sizes (approximately 6,000 to 375,000 square feet each) and features (e.g.,
modern clear heights, number of dock doors, number of parking spaces) to meet current
and future demand for industrial space, accommodate a diverse and stable tenant
portfolio, and better serve the greater Raleigh and Durham markets. The proposed
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facilities, developed in partnership with Beacon Partners, ideally would be near major
transportation corridors with easy ingress and egress of transportation corridors and the
project site. Proximity to major transportation corridors helps ensure greater capability of
the road system managing increased volume of traffic without major roadway
improvements or changes.
Project Description
BIN — AGP LLC proposes development of 302.16 acres at the intersection of US
Highway 64 and NC Highway 751 for a light industrial complex. The area of
development for application request includes the construction of 19 industrial buildings,
12 commercial/retail buildings and outparcels, ingress and egress roadways, parking,
stormwater control measures, and other associated infrastructure. The buildings are of
varying sizes ranging from approximately 6,000 square feet for commercial/retail to
between 27,000 to 375,000 square feet for industrial. The industrial buildings also
include features (e.g., modern clear heights, number of dock doors, number of parking
spaces) to meet current and future demand for industrial space, accommodate a
diverse and stable tenant portfolio, and better serve the greater Raleigh and Durham
markets. The size and placement of the buildings was designed to avoid higher quality
aquatic resources, planned and dedicated roadways, tree save and buffer areas, and to
maximize logistics, including reduced time and costs associated with transport and
shared parking for the buildings to reduce the overall footprint of the site.
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330 S. Sharon Ani:y Rd, Ni::
Attn Jon Morels Coordnulx 35,747992,-78.947729 Churiotte NC. 20211
Overall Impact Map
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Detail Map 1
Detail Map 2
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Detail Map 7
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: 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. The building sizes and placement, parking, and roadways were
designed to avoid perennial streams and higher quality wetlands. Buildings have been
reduced in size, realigned away from aquatic features to the greatest extent possible to
allow vehicles to move safely around buildings, and retaining walls are proposed to
avoid and further reduce impacts to aquatic resources.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: Compensatory mitigation is required for the
below listed permanent impacts to aquatic resources in the form of in -lieu fee mitigation.
For jurisdictional streams that rank either Medium or High using the North Carolina
Stream Assessment Method (NC SAM), we propose a 2:1 mitigation ratio. For
jurisdictional streams that rank Low using the NC SAM, we propose a 1.5:1 mitigation
ratio. For jurisdictional wetlands that rank Medium or High using the North Carolina
Wetland Assessment Method (NC WAM), we propose a 2:1 mitigation ratio. For
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jurisdictional wetlands that rank Low using the NC WAM, we propose a 1:1 mitigation
ratio.
In addition to mitigation, the applicant will include vegetated upland buffers around
unimpacted aquatic resources as additional avoidance and minimization measures. In
addition to the upland buffers, the applicant is proposing to preserve the remaining
3,906 linear feet of intermittent streams (CH 100, CH 400, CH 500, CH 600, CH 700,
and CH 800) and 3.174 acres of on -site wetlands (WL 1000, WL 1100, WL 1200, WL
1300, WL 1400, WL 1600, WL 2200, WL 2300, WL 2400, and WL 2900). The applicant
will include added assurances for the protection of preserved streams, wetlands and
uplands that may take the form of deed restrictions, conservation easements, or other
legal assurances of protection.
The applicant is requesting that a portion of the required mitigation be satisfied with the
proposed permanent preservation of on -site upland buffers, streams, and wetlands
within the riparian corridors.
Essential Fish Habitat (EFH)
The Corps' determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C
of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix
C, the District Engineer consulted district files and records and the latest published
version of the National Register of Historic Places and initially determines that:
❑x No historic properties (i.e., properties listed in or eligible for inclusion in the
National Register of Historic Places) are present within the Corps' permit area;
therefore, there will be no historic properties affected.
The North Carolina Department of Natural and Cultural Resources (NCDNCR) provided
letters for each parcel:
The NCDNCR stated, "We have conducted a review of the project and are aware of no
historic resources which would be affected by the project. Therefore, we have no
comment on the project as proposed", for the following parcels.
ER-22-1514: NC Highway 751 (July 12, 2022)
ER-22-1832 Droege Site (August 9, 2022)
ER-21-3261 Project Real (July 12, 2022)
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A structure that needed further review was found on the Berkut site though after
additional information was provided by the applicant. NCDNCR concurred that the J.B.
Mills House was not eligible for listing on the National Register of Historic Places due to
neglect and vandalism. ER-221929 (September 19, 2022, and December 2, 2022)
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps -identified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
❑x For the proposed project, the Corps has made the following determination for
federally listed endangered or threatened species or their formally designated
critical habitat: May Affect, Not Likely To Adversely Affect
❑x By copy of this public notice, the Corps initiates consultation under Section 7 of
the ESA and will not make a permit decision until the consultation process is
complete.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the
appropriate State agencies for review.
North Carolina Division of Water Resources (NCDWR):
❑ The applicant did not provide or satisfy all the elements required for a complete
401 certification request. Therefore, the 401 Certification process has not
started. The Corps will generally not make a final permit decision until the
NCDWR issues, denies, or waives the state Certification as required by Section
401 of the Clean Water Act (PL 92-500).
❑x The Corps will generally not make a final permit decision until the NCDWR
issues, denies, or waives the state Certification as required by Section 401 of
the Clean Water Act (PL 92-500). The receipt of the application and this public
notice at the NCDWR Central Office in Raleigh constitutes initial receipt of an
application for a 401 Certification. Unless NCDWR is granted a time review
extension, a waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within 120 days of the date of this public notice.
Additional information regarding the 401 Certification may be reviewed at the
NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
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Street, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments should do so in writing, within 30 days of the issue date of the notice
by emailing comments to [e-mail] with the subject line of
"401 Water Quality Certification" or by mail to:
NCDWR Central Office
Attention: Stephanie Goss, 401 and Buffer Permitting Branch
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-
1617
Or,
(Physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
North Carolina Division of Coastal Management (NCDCM):
❑ The application Certification Information a certification that the proposed work
complies with and would be conducted in a manner that is consistent with the
approved North Carolina Coastal Zone Management Program. Pursuant to 33
CFR 325.2 (b)(2) the Corps cannot issue a Department of Army (DA) permit for
the proposed work until the applicant submits such a certification to the Corps
and the NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification. As the application Request Method the
consistency certification, the Corps Request Method, concurrence or objection from
the NCDCM.
❑x Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management
(CZM) Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative
effects thereof; among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, historic properties, fish and wildlife values, flood
hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation,
water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare of the
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