20221496 Ver 3_ePCN Application_20240716

DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes No
Is this project a public transportation project?*
Yes No
Change only If needed.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned Version# *
20221496 3
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Sue Homewood:Sue.Homewood
Information for Initial Review
1a. Name of project:
Apex Gateway
1a. Who is the Primary Contact?*
Jon Morris
1b. Primary Contact Email:*
[e-mail]
Date Submitted
7/16/2024
Nearest Body of Water
White Oak Creek
Basin
Cape Fear
Water Classification
WS-IV. NSW
Site Coordinates
Latitude:
35.745407
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Chatham
Is this a NCDMS Project
Yes No
Longitude:
-78.955292
Reviewing Office*
Central Office - [phone]
1c. Primary Contact Phone:*
[phone]
Is this project a public transportation project?*
Yes No

1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
39 - Commercial/Institutional Developments
18 - Minor Discharges
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
MILLS CHATHAM INVESTMENT PROPERTIES LLC
2b. Deed book and page no.:
2330/0745
2c. Contact Person:
2d. Address
Street Address
PO BOX 2627
Address Line 2
City
Durham
Postal / Zip Code
27715
401 Water Quality Certification - Express
Riparian Buffer Authorization
Stale / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
BIN AG2 LLC
2b. Deed book and page no.:
2330/0938
2c. Contact Person:
2d. Address
Street Address
500 E MOREHEAD ST SUITE 200
Address Line 2
city
Charlotte
Postal / Zip Code
28202
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
CANT HOOK PROPERTIES LLC
2b. Deed book and page no.:
2112/0383
2c. Contact Person:
2d.Address
Street Address
8785 NC HIGHWAY 751
Address Line 2
city
Durham
Postal / Zip Code
27713
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
2a. Name(s) on recorded deed:
GIVENS JAMES L
2b. Deed book and page no.:
0757/0592
2c. Contact Person:
2d.Address
Street Address
14 CINNAMON FERN LN
Address Line 2
City
Banner Elk
Postal / Zip Code
28604
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
LONG JOHN W &
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:

2b. Deed book and page no.:
0318/0352
2c. Contact Person:
2d. Address
Street Address
314 NC HIGHWAY 751
Address Line 2
City
State / Province / Region
Apex
NC
Postal / Zip Code
Country
27523
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
BIN -AG LLC
2b. Deed book and page no.:
2301/0443
2c. Contact Person
2d. Address
Street Address
500 E MOREHEAD ST STE 200
Address Line 2
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
28202 USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:
[e-mail]
2a. Name(s) on recorded deed:
DROEGE BRENT MICHEAL
2b. Deed book and page no.:
2148/1134 and 2148/1047
2c. Contact Person:
2d. Address
Street Address
696 NC HWY 751
Address Line 2
City
State / Province / Region
Apex
NC
Postal / Zip Code
Country
27523
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
DROEGE INVESTMENTS LLC
2b. Deed book and page no.:
2252/1122
2c. Contact Person:

2d. Address
Street Address
1404 YARDLEY DR
Address Line 2
City
Wake Forest
Postal / Zip Code
27587
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Jon Morris
3b. Business Name:
Beacon Partners
3c.Address
Street Address
500 E Morehead St #200
Address Line 2
city
Charlotte
Postal / Zip Code
28202
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Robertson
4b. Business Name:
Atlas Environmental Inc.
4c.Address
Street Address
338 S. Sharon Amity Road #411
Address Line 2
city
Charlotte
Postal / Zip Code
28211
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Apex
2. Project Identification
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
O

2a. Property Identification Number:
17894, 95750, 17904, 95749, 76475, 17886,
68507, 60490, 96511, 17903, 17918, 17912,
2b. Property size:
67322,17915
212.302
2c. Project Address
Street Address
106 NC Highway 751
Address Line 2
City
State / Province / Region
Apex
NC
Postal / Zip Code
Country
27523
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
White Oak Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV, NSW
3c. What river basin(s) is your project located in?
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020608
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The existing site conditions are a mix of undeveloped forested and cleared land. Portions of the property have recently been used for commercial and residential purposes. An individual
permit was previously submitted for the project however it has been determined that the site can be developed under a NWP 39/18 permit. Based on a recent USACE site visit on June 28,
2024 with Rachel Capito, David Bailey, and Lyle Phillips features were field verified and discussed regarding jurisdictional status.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
3.609
4g. List the total estimated linear feet of all existing streams on the property:
3002
4h. Explain the purpose of the proposed project:"
The project purpose is for the construction of an industrial development consisting of three construction phases. This is not a phased project and is a single and complete project. There
are no anticipated future or additional impacts.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The construction phases are identified as 2A, 26, and 2C. Phase 2A is located North of Highway 64 and East of Highway 751 and consists of four buildings. Phase 2B is located North of
Highway 64 and West of Highway 751 and consists of 9 buildings. Phase 2C is located South of Highway 64 and West of New Hill Road and consists of three buildings.
This project originally consisted of three separate projects so some correspondence may reference names other than the phase names. Phase 2a may be referenced in the attached
documentation as Droege Aulicino. Phase 2b may be referenced as Hwy 751. Phase 2c may be referenced as Berkut.
The project will require heavy equipment for land clearing and grading activities. Impacts are proposed to streams and wetlands that are jurisdictional to the USACE and State. Impacts are
also proposed to a State jurisdictional intermittent stream which is non -jurisdictional to the USACE. Impacts are also proposed to wetlands and a pond which are non -jurisdictional to the
USACE and State. The NWP is divided into NWP 39 and NWP 18 impacts. The NWP 18 impacts are associated with any impacts related to construction of stormwater control measures.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2023-00049
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Atlas Environmental Staff
Unknown
Agency/Consultant Company: Atlas Environmental Inc.

Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
O
2a1 Reason(?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
2g. Impact
area
W1
Fill
P
Headwater Forest
WL 1100
Yes
Both
0.010
(acres)
W2
Fill
P
Headwater Forest
WL 1200
Yes
Both
0.016
(acres)
W3
Fill
P
Headwater Forest
WL 1400
No
Both
0.175
(acres)
W4
SCM
P
Headwater Forest
WL 1400
No
Both
0.059
(acres)
W5
SCM
P
Headwater Forest
WL 1300
Yes
Both
0.007
(acres)
W6
Fill 1p
Headwater Forest
WL 2000
Yes
Both
0.021
(acres)
W7
Fill
P
Headwater Forest
WL 2100
Yes
Both
0.001
(acres)
29. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.289
2g. Total Permanent Wetland Impact
0.289
2i. Comments:
Impacts that are associated with construction of a stormwater control measure are W4 and W5. The volume of fill associated with W4 is approximately
19.04 Cu/Yds. The volume of fill associated with impact W5 is approximately 2.12 acres. The total wetland fill for the NWP 18 is approximately 21.16
Cu/Yds. See section 3 below for stream impact associated with SCM construction.
3. Stream Impacts
F
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
Type of
3g. S. width
3h.IM
�[3f.
urisdiction*
length*
S1
Culvert Extension
Permanent
Culvert
CH 100
Intermittent
Both
6
97
Average (feet)
(linear feet)
32
Embedded Rip Rap
Permanent
Stabilization
CH 100
Intermittent
Both
57
Averege (feet)
(linear feet)
S3
Fill/SCM
Permanent
Fill
CH 200
Intermittent
Both
1
111
Average (feet)
(linear feet)
S4
Fill Slope/Parking
Permanent
Fill
CH 400
Intermittent
Both
123
Average (feet)
(linear feet)
SS
Fill Slope/Parking a/Parkin
P 9
Permanent
Fill
CH 300
Isolated - DWR
DWR
1
388
Only
Averege (feet)
(linear feet)
S6
Dewatering Pump At:Iff:]
Dewatering
CH 100
Intermittent::]
Both
�
15
Average (feet)
(linear feet)

3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
776 15
3i. Total stream and ditch impacts:
791
3j. Comments:
Impact S2 will consist of embedded rip rap pressed into the channel bed below the culvert extension to increase stability. Due to the rip rap being
embedded mitigation is not proposed for this impact. Impact S3 is associated with SCM construction and includes approximately 1.63 cubic yards of fill.
Total fill for the NWP 18 including stream and wetland is below 25 cubic yards. Impact S5 is a State stream impact that is non -jurisdictional for USACE
and the stream type is intermittent. Due to impact S5 being intermittent no mitigation is proposed for the impact. One temporary impact has been
included as a dewatering zone to carry out construction at impacts St. Due to the channel being intermittent this impact may not be necessary to
prevent working in flowing water. No dewatering zones have been proposed at impacts S3, S4, or S5 because there is no stream flowing into the permit
area. If needed, a dewatering zone will be used to prevent working in flowing water and will be within the permanent permitted area.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The site has been engineered and designed to avoid and minimize impacts to the greatest extent possible. The layout of the site, including the buildings,
parking, roadways, and associated infrastructure has been designed to avoid aquatic resources. There are no jurisdictional impacts in phase 2c. The
only impacts to Phase 2a area associated with two wetland assumed to be jurisdictional.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The road crossing in Phase 2B has been positioned to include the existing driveway culvert to minimize impacts. Retaining walls are being constructed
in Phase 2b to avoid and minimize additional stream and wetland impacts. This wall is also minimizing buffer impacts. Another retaining wall is being
constructed in phase 2c to entirely avoid all jurisdictional impacts. Construction techniques also include the strategic positioning of SCMs to avoid
secondary impacts to the intermittent stream features, particularly at phase 2b.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes
No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Cane Creek Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream 496.5
Riparian wetland 0.289
3c. Comments
Based on the flow regime and Medium results from the NC SAM forms all proposed stream mitigation is at a rate of 1.5:1. Based on the NC WAM results
for all wetlands being Low all proposed wetland mitigation is at a rate of 1:1.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes
No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No

What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state Stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Apex
Comments:
The stormwater management plan consists of multiple wet ponds in each of the three construction phases. The wet ponds are positioned to avoid secondary impacts associated with the
intermittent streams. The output from the ponds will be sufficient to ensure continued stream flow.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
This is a single and complete project consisting of multiple construction phases. The project is being permitted as one entire project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
The development will connect to existing municipal sewer.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?
Yes No
Unknown

5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
IPaC and NC NHP
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC HPO Buffer Map. See attached comment letters.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination?
Google Maps FEMA NFHL kml
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Apex Gateway NWP 39-18 Package COMPRESSED.pdf 11.47MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Jacob Sinclair
Signature
��0�r�-
Date
7/16/2024
U