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HomeMy WebLinkAbout20241417 Ver 1_NWP #39 Application - Green Level Industrial_20241015PRE -CONSTRUCTION NOTIFICATION H&H JOB NO. GGP.003 OCTOBER 14, 2024 PROPOSED GREEN LEVEL INDUSTRIAL 0 Green Level Church Road Cary, North Carolina hart -4 hickman MMAr_M:ii:4:aAi1►yj1:Z•101751:4►11r-1W-10110j1M1,1.1 #C-1269 Engineering / #C-245 Geology Preliminary ORM Data Entry Fields for New Actions ACTION ID 9: SAW- 2024-00112 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Green Level Industrial 2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: Hart & Hickman, PC is submitting a Pre -Construction Notification for verification to use Nationwide Permit #39. The property developer is planning the construction of an industrial warehouse development on the Site that proposes impacts to an on -Site wetland. 4. Property Owner / Applicant [PCN Form A3 or A4]: GGP PARK OVERLOOK WEST LLC 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Danielle Clark, PWS - Hart & Hickman, PC 6. Related Action ID Number(s) [PCN Form 135b]: None 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 0 Green Level Church Road, Cary, Wake County, North Carolina (Lat/Long: 35.866527,-78.89624) 8. Project Location —Tax Parcel ID [PCN Form Bla]: 0727909386 9. Project Location— County [PCN Form A2b]: Wake 10. Project Location —Nearest Municipality or Town [PCN Form A2c] : Cary 11. Project Information —Nearest Waterbody [PCN Form 132a]: Unnamed tributary of Northeast Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03030002 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: Standard Permit ✓ Nationwide Permit 9 39 Regional General Permit 9 Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 hart hickman SMARTER ENVIRONMENTAL SOLUTIONS Via Email October 14, 2024 US Army Corps of Engineers Wilmington District Raleigh Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Attention: Ms. Rachel Capito Re: Pre -Construction Notification SAW-2024-00112 Green Level Industrial 0 Green Level Church Road Wake County, North Carolina H&H Job No. GGP-003 Dear Rachel: On behalf of Greenberg Gibbons Properties, Hart & Hickman, PC (H&H) is submitting the attached Pre -Construction Notification (PCN) for the proposed construction of an industrial warehouse development located along Green Level Church Road in Cary, Wake County, North Carolina (Site or subject Site). The Site consists of one parcel of land that totals approximately 30.88 acres of land (Wake County Parcel ID 0727909386). H&H is submitting this PCN in order to receive verification to use Nationwide Permit (NWP) 939 for the proposed industrial warehouse development. H&H submitted a combined Approved Jurisdictional Determination (AJD) and Preliminary Jurisdictional Determination (PJD) request on January 15, 2024. The JD request is pending. 2923 South Tryon Street, Suite 100 3921 Sunset Ridge Rd , Suite 301 Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com 704.586.0007 main 919.847A241 main Ms. Rachel Capito October 14, 2024 Page 2 H&H conducted an initial stream and wetlands survey at the Site on July 14, 2021. During the survey, H&H identified an intermittent stream and associated wetland in the central portion of the Site. H&H identified an additional isolated wetland area in the northeastern portion of the Site. The isolated wetland does not have a continuous surface connection to downgradient features. H&H identified one forested wetland, Wetland Area "A" (WAA), and one intermittent stream channel, Stream "A" (SCA), located in the central portion of the Site. WAA totals approximately 0.518 acre, and SCA totals approximately 170 linear feet. SCA represents an unnamed tributary of Northeast Creek. H&H submitted a PJD request for WAA and SCA. As mentioned above, Wetland Area "B" (WAB) exists in the northeastern portion of the Site. WAB totals approximately 0.386 acre. WAB does not have a continuous surface connection to downgradient features. Due to the lack of a continuous surface connection, WAB appears to be non jurisdictional under the conforming definition of Waters of the US. H&H requested an AJD for WAB. The applicant is proposing to permanently impact approximately 0.345 acre of WAA. Impacts to WAA are proposed for fill and grading required to facilitate the construction of roadways and a level building pad associated with the warehouse development. The Site plan also proposes to impact WAB in the northern portion of the Site. However, WAB appears to be non jurisdictional under the conforming definition of Waters of the US; therefore, impacts to WAB are not included in this PCN. Due to the NWP 939 mitigation threshold of 0.1 acre for wetland impacts, mitigation is proposed via the purchase of mitigation credits from the Cape Fear 02 Umbrella Mitigation Bank: Flat Rock Mitigation Site. The developer is proposing a 2:1 mitigation ratio. Therefore, the developer proposes the purchase of 0.69 wetland mitigation credits from the private mitigation bank. 14 hart hickman https://harthick.shuepoint.com/sites/MasterFiles-1/Shued Documents/AAA-Master Projects/Greenberg Gibbons Properties - GGP/GGP-003 Green Level Church Rd/Permitting/02_Cover_letter.doc SMARTER ENVIRONMENTAL SOLUTIONS Ms. Rachel Capito October 14, 2024 Page 3 H&H is seeking a NWP 939 verification for this development. A copy of the PCN submittal package has also been submitted to the North Carolina Department of Environmental Quality (DEQ) Division of Water Resources (DWR) via ePCN. When prompted, the DEQ DWR permit review fee will be paid by the applicant or their agent. Should you have questions or require additional information, please feel free to contact Danielle Clark at 518-598-2862. Very truly yours, Hart and Hickman, PC Danielle Clark, PWS Sr. Project Environmental Scientist Attachments • PCN Form • Figure 1 — Site Location Map • Figure 2 — Preliminary Wetland Delineation Map • Appendix A — Agent Authorization • Appendix B — Environmental Impact Exhibit Prepared by Oak Engineering • Appendix C — Avoidance & Minimization • Appendix D — Supplemental Documents • Appendix E — Mitigation Acceptance Letter cc: NC DEQ DWR (via ePCN) Mr. Drew Thigpen, Greenberg Gibbons Properties (via email) Mr. Greg Welsh, Oak Engineering (via email) hart � hickman https://harthick.shuepoint.com/sites/MasterFiles-1/Shued Documents/AAA-Master Projects/Greenberg Gibbons Properties - GGP/GGP-003 Green Level Church Rd/Permitting/02_Cover_letter.doc SMARTER ENVIRONMENTAL SOLUTIONS !� '` jam. �• �� - � �' �� ���'1���/�' j._-• L�� - �I 11 , • w i 3 T _ _ �y 0 - r 10 war WWI NIL— . f;tg Ny am, MA TITLE 111 111 SITE ,TLOCATION OwnPROJECT • GREEN LEVEL CHURCH '••D WHITE OAK, NORTH•'• Road, Suite 301 Raleigh, North Carolina 61 SMARTER ENVIRONMENTAL SOLUTIONS License # C-1269 C-245 Geoloey • ' • 1 •' NO: 11 • SISPIIH uewIIIOH AIIIIIe Z00SN&SNd-Aldd,S PIN sse3uud\s»ef0Jd JelseW~-S a`'c� wArE�o� O '4411::� ^Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Green Level Industrial 2b. County: Wake 2c. Nearest municipality / town: Cary 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: GGP PARK OVERLOOK WEST LLC 3b. Deed Book and Page No. 019698/02575 3c. Responsible Party (for LLC if applicable): Drew Thigpen 3d. Street address: 835 BLACKARD ROAD 3e. City, state, zip: 3094 BOSTON ST STE 401 BALTIMORE MD 21224 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: dthigpen@ggcommercial.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Danielle Clark, PWS 5b. Business name (if applicable): Hart & Hickman, PC 5c. Street address: 3921 Sunset Ridge Road, Suite 301 5d. City, state, zip: Raleigh, NC 27607 5e. Telephone no.: (518) 598-2862 5f. Fax no.: (919) 847-4261 5g. Email address: dclark@harthickman.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0727909386 1 b. Site coordinates (in decimal degrees): Latitude: 35.371497 Longitude:-80.81959 1 c. Property size: 30.88 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Unnamed tributary of Northeast Creek 2b. Water Quality Classification of nearest receiving water: WS-IV;NSW (Northeast Creek classification) 2c. River basin: Cape Fear 3. Project Description 3a. 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 Site consists of one parcel of land located at 0 Green Level Church Road in Cary, Wake County, North Carolina. The Site exists as undeveloped wooded land. General land use in the vicinity of the Site is residential, light industrial, and undeveloped land. 3b. List the total estimated acreage of all existing wetlands on the property: 0.518 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 170 3d. Explain the purpose of the proposed project: The developer plans to build an industrial warehouse development to serve the Town of Cary and the surrounding areas. 3e. Describe the overall project in detail, including the type of equipment to be used: The planned development area will be graded with heavy equipment to prepare level building pads. Stormwater BMPs are included. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑ Yes ❑X No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Dan McCauley, PWS Agency/Consultant Company: Hart & Hickman, PC Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A combined PJD/AJD request was submitted on January 15, 2024 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes 0 No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes 0 No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Grading/Fill Headwater Wetland Yes Corps 0.345 W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.345 2h. Comments: The permanent wetland impact involves fill and grading required to facilitate the construction of roadways and a level building pad associated with the warehouse development. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 Choose one S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: No stream impacts are proposed. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose O2 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: Not Applicable 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: Not Applicable 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Not Applicable Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See Appendix C 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See Appendix C 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? 0 Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑X Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Cape Fear 02 Umbrella Mitigation Bank: Flat Rock Mitigation Site 3b. Credits Purchased (attach receipt and letter) Type: Riparian wetland Type: Choose one Type: Choose one Quantity: 0.69 Quantity: Quantity: e developer proposes a ratio for t e acre o wet an impact. 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: 0 linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: j 0 acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Not applicable Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). Not applicable 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. The site is not subject to state riparian buffer rules. ❑ Yes ❑ NO 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 47.41 % 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Two wet ponds to proivde water quality and water quantity control for the development 2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Cary 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Town of Cary ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): 0 Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑X Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑X Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑X Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes 0 No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, []Yes 0 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes 0 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes 0 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed Site plan will develop the majority of the Site and additional development is not anticipated. Additional phases and/or impacts to Waters of the U.S. are not planned or proposed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater will enter Town of Cary sanitary sewer infrastructure and will be piped to an off -site Town of Cary wastewater treatment plant. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Fish & Wildlife Service IPaC database, NC Natural Heritage Program databases, and on -Site reconnaissance (See information in Appendix D). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://www.habitat.noaa.gov/protection/efh/efhmapper/ 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 ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? National Registry of Historic Places, NC State Historic Preservation Office GIS viewer, and on -Site reconnaissance (See information in Appendix D). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Reviewed FEMA Flood Insurance Rate Map ID #3710455900K D �" umje- Danielle Clark 10-14-2024 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Appendix A Agent Authorization hart 1 hickman SMARTER ENVIRONMENTAL SOLUTIONS Agent Certification of Authorization I, eCJiZEu �s�i lsi'��y , representing the prospective developer of 0 Green Level Church Road, which is represented by Parcel Number 0727909386 in Wake County, North Carolina (approx. 30.88 acres), certify that I have authorized Hart & Hickman, PC to act on the prospective developer's behalf and take all actions necessary to the processing, issuance, and acceptance of a Jurisdictional Determination and Section 404/401 permitting for this property. Prospective Developer's Signature Name/Title: Company:, .� �.c1• cri �3 �3 o•y s Z3 Date Agent's Signature Danielle Calrk Hart & Hickman, PC 12-14-2023 Date Appendix B Wetland Impact Exhibit Prepared by Oak Engineering hart hickman SMARTER ENVIRONMENTAL SOLUTIONS 1181HX31JVdW1 UNVU3M �OJn'SONI410H Xili MOO nn�rone �m s ® tlNlll H1t1O 1NtlJ loo °[o slo3roae 4tlOM HJMHHJ 13A31 33b0 133Ns " 1`dI usnaN113A31 N33110 Hol „a33n n3 I v I f �f I a 3, �, � � � � rllll�llllllll I, II T§ 71 41 la I - . r i a Z O V W OS N 8 8 N O V V az � 1 �z — �, 1 l i � � f / o \ z i a � / of G. _ I � z I \ � Appendix C Avoidance and Minimization hart hickman SMARTER ENVIRONMENTAL SOLUTIONS Appendix C Avoidance and Minimization Green Level Industrial 0 Green Level Church Road Cary, North Carolina H&H Job No. GGP-003 On -Site Environmental Resources The proposed development is located at 0 Green Level Church Road in Cary, Wake County, North Carolina. The Site consists of one parcel that totals approximately 30.88 acres of land. In August 2024, H&H reviewed the National Registry of Historic Places (NRHP) and the North Carolina State Historic Preservation Office (NC SHPO) GIS viewer for historic properties located on or adjacent to the Site. H&H also conducted a visual reconnaissance of the Site and surrounding area for the potential presence of historic, cultural, and/or archeological sites. No recorded sites were noted on the Site. The Excel and Elsie Green Farm (WA7194) was identified as a "surveyed only" structure located east adjacent of the Site beyond Green Level Church Road. No apparently significant structures were observed on -Site. H&H also reviewed State and Federal threatened and endangered species databases for the Site and Wake County. H&H also conducted a screening survey of the Site and surrounding area for the presence of Federal threatened and endangered species or their suitable habitats during the optimal survey window for protected plant species. No protected species were observed on the Site during the Site visit. H&H requested comment on the Site from the US Fish & Wildlife Service (US FWS), North Carolina Wildlife Resources Commission (NC WRC), and NC SHPO in August 2024. Responses from the NC SHPO and NC WRC are included in Appendix D. A response from the US FWS is pending. Avoidance and Minimization In regard to Site alternatives, the property developer has considered and evaluated other potential properties in the area of the proposed industrial development. However, properties or property assemblages of this size are difficult to find and purchase along the frontage of major roadways and within such close proximity to major interstates. Multi -tenant industrial buildings have certain industry standard requirements for buildings that consist of specific building and parking dimensions. Additionally, the developer chose the Site with no threatened and endangered species 1 https://harthicksharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Greenberg Gibbons Properties -GGP/GGP-003 Green Level hart : hickman Church Rd/Permitting/09_C - Avoid and Minimize.docx SMARTER ENVIRONMENTAL SOLUTIONS or cultural resource issues, which further minimizes environmental impact within the surrounding area. The proposed buildings, parking areas, and associated roadways have been designed to primarily occupy upland areas to avoid on -Site Waters of the US to the maximum extent practicable. Impacts to Wetland Area "A" are necessary to access approximately 9 acres located in the western portion of the Site, which would be inaccessible without the proposed impacts. The on -Site parking areas and roadways have been designed to meet Site -specific needs and zoning requirements. The culvert installed beneath the southern roadway will facilitate continued drainage into WAA and Stream Channel "A" (SCA). The Wetland Impact Exhibit prepared by Oak Engineering is included in Appendix B. The developer is proposing to avoid approximately 0.17 acre of WAA and the entirety of SCA. The area of WAA to remain and SCA is located in an area that will not be utilized by the warehouse development and will remain undisturbed. Additionally, detention ponds are proposed for stormwater control that will facilitate continued drainage and hydrology into WAA and SCA. The detention ponds have been designed to occupy exclusively upland areas in the central portion of the Site. Riprap aprons downgradient of the detention outlet pipes are proposed to reduce high velocity stormwater runoff before discharging towards WAA and SCA. During Site development, good erosion and sediment control practices will be followed. Extensive silt fencing will be used on the construction Site perimeter and along potentially affected wetland boundaries. Mitigation Mitigation is typically required by NWP 939 for impacts greater than 0.1 acre of wetlands and 0.02 acre of stream. Due to the proposed impacts to 0.345 acre of an on -Site wetland, compensatory mitigation is proposed in the form of purchasing wetland mitigation credits from the Cape Fear 02 Umbrella Mitigation Bank: Flat Rock Mitigation Site. The mitigation acceptance letter is included in Appendix E. 2 https://harthicksharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Greenberg Gibbons Properties -GGP/GGP-003 Green Level hart 1 hickman Church Rd/Permitting/09_C - Avoid and Minimize.docx SMARTER ENVIRONMENTAL SOLUTIONS The applicant is proposing a mitigation ratio of 2:1 for the anticipated wetland impacts. At a 2:1 mitigation ratio, 0.69 acre of mitigation is proposed for impacts to the wetland via the purchase of credits from the Cape Fear 02 Umbrella Mitigation Bank: Flat Rock Mitigation Site. https://harthicksharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Greenberg Gibbons Properties -GGP/GGP-003 Green Level hart 1 hickman Church Rd/Permitting/09_C - Avoid and Minimize.docx SMARTER ENVIRONMENTAL SOLUTIONS Appendix D Supplemental Documents hart hickman SMARTER ENVIRONMENTAL SOLUTIONS North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson September 10, 2024 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. Dan McCauley dmccauley_(r)c,harthickman.com Hart & Hickman, PC 3921 Sunset Ridge Road, Suite 301 Raleigh, NC 27607 Re: Construct industrial development, Green Level Church Road, Cary, Wake County, ER 24-1908 Dear Mr. McCauley: Thank you for your letter of August 20, 2024, regarding the above -referenced undertaking. We have reviewed the submission 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 have no comment on the project as proposed. 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.review2dncr.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: (919) 814-6570/814-6898 NORTH CAROLINA WILDLIFE RESOURCES COMMISSION Cameron Ingram, Executive Director August 26, 2024 Mr. Dan McCauley Hart & Hickman 3921 Sunset Ridge Road, Ste. 301 Raleigh, NC 27607 Subject: Request Environmental Information for Green Level Church Road Development in Wake County, North Carolina. Mr. McCauley, Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject information and are familiar with the habitat values of the area. Comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661- 667e) and North Carolina General Statutes (G.S. 113-131 et seq.). Hart & Hickman is requesting environmental information regarding an undeveloped parcel along Green Level Church Road, west of Morrisville. The project area drains to Northeast Creek in the Neuse River basin. There are no national refuges or state-owned, wildlife -designated lands within the project vicinity, nor are there migratory or feeding grounds for anadromous fish. The NCWRC recommends maintaining a minimum 100-foot undisturbed, native, forested buffer along perennial streams, and a minimum 50-foot buffer along intermittent streams and wetlands. Forested riparian buffers protect water quality by filtering stormwater runoff and maintaining stream bank stability. This is particularly important in urban centers with large areas of impervious surfaces. In addition, these buffers provide a travel corridor for wildlife species. The U.S. Fish and Wildlife Service lists the federally proposed, endangered tricolored bat (Perimyotis subflavus) and candidate monarch butterfly (Danaus plexippus), as potentially occurring at the site if suitable habitat occurs. Lack of records onsite does not imply or confirm the absence of federal or state - listed species. An on -site survey is the only definitive means to determine if the proposed project would impact rare, threatened, or endangered species. The United States Army Corps of Engineers (USACE) should verify the project site for wetlands and streams to ensure there are no impacts to surface waters. In addition to providing wildlife habitat, wetland areas and streams aid in flood control and water quality protection. USACE Section 404 Permits and NC Division of Water Resources Section 401 Certifications are required for any impacts to jurisdictional streams or wetlands. Temporarily disturbed wetland areas should be returned to original Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 August 26, 2024 Scoping — Green Level Church Road Development soils and contours, reseeded with annual small grains appropriate for the season (e.g., oats, millet, rye, wheat, or rye grass) and allowed to revert to natural wetland vegetation. Sediment and erosion control measures should be installed prior to any land clearing or construction. The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing that has been reinforced with plastic or metal mesh should be avoided as it impedes the movement of terrestrial wildlife species. Excessive silt and sediment loads can have detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs and clogging of gills. The NCWRC encourages the applicant to consider additional measures to protect aquatic and terrestrial wildlife species in developing landscapes. The NCWRC's Guidance Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality (August 2002; https://www.ncwildlife.org/conservin /g 2002guidancememorandumforsecondgaandcumulativeimpactspdf /o en details measures to minimize secondary and cumulative impacts to aquatic and terrestrial wildlife resources. In addition, the Green Growth Toolbox (https://www.ncwildlife.org/conserving/programs/Green-Growth-Toolbox) provides information on nature -friendly planning that discusses how to address growth while concurrently conserving priority terrestrial and aquatic habitat. If I can provide further assistance, please call (910) 409-7350 or email gabriela.garrison&ncwildlife.org. Sincerely, Gabriela Garrison Eastern Piedmont Habitat Conservation Coordinator Habitat Conservation Program Appendix E Mitigation Acceptance Letter hart hickman SMARTER ENVIRONMENTAL SOLUTIONS WILD HOLDIN*Gs Cape Fear 02 Wetland Credits Statement of Availability September 12, 2024 Greenberg Gibbons Properties Attn: Drew Thigpen 436 E 36th Street Charlotte, NC 28205 RE: Availability of Stream Credits for the "Green Level Industrial" project Bank Name: Cape Fear 02 Umbrella Mitigation Bank: Flat Rock Mitigation Site Bank Sites: Flat Rock Mitigation Site Bank Sponsor: Wildlands Holdings VI, LLC USACE Action ID No.: SAW-2021-01309 Permittee: Greenberg Gibbons Properties Wetland Credits Needed: 0.69 acres Wetland Credits Available: 4.57 acres Cape Fear 03030002 River Basin Dear Mr. Thigpen, Wildlands Holdings VI, LLC, owned and operated by Wildlands Engineering, Inc., currently has sufficient wetland credits from the Cape Fear 02 Umbrella Mitigation Bank: Flat Rock Mitigation Site to satisfy the stream and/or wetland mitigation requirements related to the above -mentioned project. The project is located within the Cape Fear River Basin of the service area (HUC 03030002) of the Bank. This letter is simply a statement of availability of credits as of the date written. It is neither a guarantee of future credit availability, nor a guarantee of credit pricing. Credits are sold on a first come, first serve basis at the Bank's price at the time an invoice is requested. Invoices reserve both the credits and the price for a period of 30 days. Final transfer of the credits will be made upon receipt of a copy of the US Army Corps of Engineers Compensatory Mitigation Responsibility Transfer Form approving the Stream and/or wetland mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings VI, LLC. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332- 7754 x114 or cbrunick@wildlandseng.com if you have any questions or need any additional information. Sincerely, Wildlands Holdings VI, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 WILD HOLDIN*Gs Camden M. Brunick Wildlands Engineering, Inc. Mitigation Credit Sales cbrunick@wildlandseng.com 0: (704) 332-7754 ext. 114 M: (919) 219-6162 Cc: Ms. Rachel Capito, Regulatory Agent I USACE Mr. Dan McCauley, Project Manager I Hart & Hickman Wildlands Holdings VI, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203