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
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#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
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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
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Appendix C
Avoidance and Minimization
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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
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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
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Appendix D
Supplemental Documents
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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
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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