20221496 Ver 3_PN Comments to USACE_20231101

Doc 1" Envelope ID: CDC4EOCF-A52D-46ED-8154-EE7FD3FA36F?
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
November 1, 2023
Corps Action ID# SAW-2023-0049
DWR# 20221496v3
Chatham County
Ms. Rachel Capito
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
Delivered via email to: [e-mail]
Subject Project: Apex Gateway Industrial Development
Dear Ms. Capito:
On behalf of the NC Division of Water Resources, we respectfully request that you consider the
following comments within your review of the 404 Individual Permit request for the above referenced
project:
1. The purpose of the project does not appear to rely on specifically sized buildings and the
applicant has not provided justification for the proposed building sizes, the sizing of the parking
areas, nor the roadway design, therefore it appears that alternative building layouts could
provide for additional avoidance and minimization.
The Division recommends that the USACE consider whether the applicants prior investments in
the site have prematurely favored this site when conducting an offsite alternatives analysis. For
example, the applicant's offsite alternative analysis gives the preferred site positive credit for
the fact that utilities are available to the site, however the application states that the applicant
has invested in onsite infrastructure improvements prior to submittal of the application. This
appears to create an inconsistency when conducting the offsite alternatives analysis.
3. The applicant's offsite alternative analysis considers whether road improvements may be likely
but does not appear to include discussion of prior improvements made on the site as a result of
the previously approved Coke project. In addition, zoning is considered a factor in the offsite
analysis, however there is no discussion as to whether the area has recently undergone rezoning
as the area was clearly previously a residential area. If rezoning has been conducted to establish
this area, then it could be assumed that all other sites identified in the offsite analysis would be
eligible for similar rezoning.
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 CARCLINA
919.707.9000

DocuSign Envelope ID: CDC4EOCF-A52D-46ED-8154-EE7FD3FA36F2
Apex Gateway
Corps Action ID# SAW-2023-00049
DWR# 20221496v3
Page 2of2
4. The Division recommends that the USACE consider whether the "Opportunity Zone" or tax
benefits provided by local governments should be considered in the alternatives analysis.
The applicant has proposed Permittee Responsible Mitigation consisting of stream and wetland
preservation within the site. The Division has significant questions and concerns regarding the
proposed mitigation plan and will need to conduct a site review and a detailed evaluation of the
proposed preservation site. The Division recommends that the USACE carefully evaluate
whether the proposed preservation site meets the criteria of the Federal Mitigation Guidelines.
6. The Division is unable to complete a review of the project for compliance with 15A NCAC 02H
.0506 at this time. The Division has requested additional technical information from the
applicant and requests that the USACE also consider the attached letter during the review of the
application.
Thank you for your considering the Division's comments during your review of this Individual Permit. If
you have any questions, please contact Sue Homewood at 336-813-1863 or
[e-mail].
Sincerely,
ESDocuSigned by:
ft p�G sass
98005097D80E4E9_.
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Jennifer Robertson, ATLAS Environmental
Gabriela Garrison, NCWRC
DWR RRO
DWR 401 & Buffer Permitting Branch file
Filename: 20061885v3 Fuquay Varina Quarry - Wake - comments to USACE.docx
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
naparMeM of EmironmanW 9uallly

Doc 1" Envelope ID: CDC4EOCF-A52D-46ED-8154-EE7FD3FA36F?
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
November 1, 2023
DWR # 20221496 v3
Chatham County
BIN-AGP, 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 September 22, 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. Upon review of the below
requested information, subsequent requests for additional information may be necessary. The
application is on -hold until all of the following information is received:
1. If the U.S. Army Corps of Engineers 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.
[15A NCAC 02H .0502(c)]
2. The Division is unable to complete a review of the application until features identified as non -
jurisdictional / isolated has been confirmed by the USACE. Please submit a copy of the
Approved Jurisdictional Determination when available.
3. Please provide a DWR stream identification form for all intermittent channels. If any
intermittent channel becomes perennial at any point within the project limits, please clearly
indicate that location on plan sheets and provide a separate DWR stream identification form
for the perennial section. Upon receipt of this information the Division may choose to
conduct a site visit to confirm the proposed stream classifications.
4. Please be aware that isolated streams will require authorization under 15A NCAC 02H .1300.
5. It appears that further avoidance and minimization is feasible for the proposed project.
Specifically, the application indicates that the buildings proposed are speculative in nature.
The Division acknowledges the discussion provided in the application regarding the need for
speculative development. The application states that industrial buildings are proposed which
include sizes ranging from 27,000 to 375,000 square feet. While the Division commends the
� 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: CDC4EOCF-A52D-46ED-8154-EE7FD3FA36F2
Apex Gateway
DWR# 20221496 v2
Page 2 of 3
applicant for the efforts made so far to avoid and minimize to the maximum extent practical,
the building size range provided would indicate that various building sizes and configurations
are feasible and therefore that additional avoidance and minimization could still be possible.
Please provide additional information to support the current proposal of building sizes and
configurations. If the information provided to support the proposed configuration is
dependent on financial aspects of the project, please provide more specific information than
the current statement that the proposed facilities are "extremely valuable and having more
of each is beneficial".
6. A significant portion of proposed impacts include impacts to streams and wetlands for
stormwater control measures (SCMs). While the Division understands the need for adequate
stormwater management, and that typically SCMs are installed at the low point in the
landscape, it appears that further avoidance and minimization could be accomplished by
utilizing various stormwater control measures that take up less area, dividing stormwater
management into smaller drainage areas with smaller SCMs that could be located in smaller
upland areas, or a combination of both. Please provide additional information to support the
current proposal of SCMs locations and sizes.
7. Pursuant to 15A NCAC 02H.0506(b) "a 401 Water Quality Certification may only be issued
upon determining that the proposed activity will comply with state water quality standards
which includes designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy, as defined in rules of 15A NCAC 02B .0200... In assessing whether the
proposed activity will comply with water quality standards, the Division shall evaluate if the
proposed activity: (2) would cause or contribute to a violation of water quality standards; (3)
would result in secondary or cumulative impacts that cause or contribute to, or will cause or
contribute to, a violation of water quality standards;" Based on the current proposed plan
the Division believes there is potential for indirect impacts to:
a. the upper portion of CH100, CH400 and the upper portion of WL1400 as all surface
flow to this channel appears to be routed to two SCMs which would discharge within
the middle portion of WL1400 and into WL1300.
b. CH800 and WL2900 as all surface flow to this channel appears to be routed to two
SCMs which would discharge within the middle portion of CH800.
Please either, include indirect impacts to these features within the impact table and provide
mitigation as appropriate, provide hydrologic calculations to document that surface flow will
continue to support the existing function of the unimpacted features, or provide a
monitoring plan that will document existing conditions and post construction conditions of
these features.
8. The plan sheets provided appear to show grading limits to the very edge of some
jurisdictional features and in some locations grading limits appear to be left off the details in
areas adjacent to jurisdictional features. For example, please see Impact Detail 2 & 3. The
Division is unable to conduct an adequate review of the project based on the information
provided. Please provide clear engineering drawings that show ALL limits of disturbance
within the site, particularly immediately adjacent to any jurisdictional features.
9. The application proposes on -site preservation to satisfy a portion of the mitigation
requirements. The Division has significant reservations about the proposal to provide
preservation of onsite features when these features will be surrounded by future high -
density development. The Division requires that a site visit be conducted with Division staff
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: CDC4EOCF-A52D-46ED-8154-EE7FD3FA36F2
Apex Gateway
DWR# 20221496 v2
Page 3 of 3
and the Interagency Review Team to evaluate the proposed preservation site in order to
ensure consistency between all mitigation proposals and mitigation providers.
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).
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,
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Jennifer Robertson, ATLAS Environmental
Rachel Capito, USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20221496v3_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,—U10-Ift /� 919.707.9000