Loading...
HomeMy WebLinkAbout20150905 Ver 2_401 Application_20180818� so� OS Environmental Consultants, 8412 Falls of Neuse Road, Suite 10.4, Raleigh, NC 27615 • Phone: (919) 846-5900 sandec.com SAID To: US Army Corps of Eners Raleigh Regulatory Fiel e Attn: James Lastinger 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 From: Kevin C. Martin Soil & Environmental Consultants, PA Re: Epic Games Expansion Cary, Wake County, NC August 21 st, 2018 S&EC Project # 12415 NC DWR, 401 & Buffer Permitting Unit Regulatory Attn: Karen Higgins Archdale Building — 9th Floor 512 North Salisbury Street Raleigh, NC 27604 On behalf of the applicant, Epic Games Inc. (Attn: John Farnsworth) please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers that the activities proposed below may proceed under Nationwide Permit 39, a request for approval to utilize general water quality certification 3890 from the N.C. Division of Water Resources (NCDWR). A NWP 39 and associated 401 Water Quality Certification were previously issued in 205 (copies attached) for this project but impacts were not performed prior to the permits expiration. Impacts proposed remain the same as those previously authorized. Mitigation has already been paid for at a 2:1 ratio to offset proposed impacts. The proposed impacts are required to allow for expansion of the existing adjacent Epic Games facilities. Please contact me at (919) 270-7941 if you have any questions or require additional information. PROJECT SUMMARY Project Name Epic Games Expansion Project Type Commercial Owner / Applicant Epic Games Inc. County Wake Nearest Town Cary Waterbody Name UT Silver Lake/Swift Creek Basin Neuse Class WS-III,B;NSW IMPACT SUMMARY (see PCN form & Impact Maps for Buffer impact quantities) Stream Impact (feet): 0 Wetland Impact (acres): 0.217 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.217 Total Stream Impact (linear feet): 0 1U150V [1 D AUG 2 1 2018 Attachments: Pre -construction Notification (PCN) Application Form DWR Buffer determination Letter Site Plan/Impact Exhibits (2 pages) Corps Jurisdictional Determination NWP 39 from 2015 Impact Justification PCN section D1.d. 401 Certification from 2015 Compensatory Mitigation Responsibility Transfer Form Pancho Mitigation Bank Ledger Owner certification/Agent Authorization Vicinity Map O�0� W A TE19 T� Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. 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?X❑ Yes ❑ 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: Epic Games Expansion 2b. County: Wake 2c. Nearest municipality / town: Cary 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Epic Games Inc. 3b. Deed Book and Page No. BM 2001 page 1295 3c. Responsible Party (for LLC if applicable): John T. Farnsworth 3d. Street address: 620 Crossroads Blvd. 3e. City, state, zip: Cary, NC 27518 3f. Telephone no.: 3g. Fax no.: 3h. Email address: 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: Kevin C. Martin 5b. Business name (if applicable): Soil & Environmental Consultants, PA 5c. Street address: 8412 Falls of Neuse Rd., Ste. 104 5d. City, state, zip: Raleigh, NC 27615 5e. Telephone no.: 919-270-7941 5f. Fax no.: 919-846-9467 5g. Email address: kmartin@sandec.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 10772995512 & 0772996729 1b. Site coordinates (in decimal degrees): ILatitude: 35.754552 Longitude: -78.731815 1c. Property size: 8.266 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT of Silver Lake/Swift Creek 2b. Water Quality Classification of nearest receiving water: WS-III,B;NSW 2c. River basin: Neuse 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: Site is mostly wooded, Surrounding area is developed commercial property to the west, south and north, residential subdivision or commercial retail to the east. Bordered by Jones franklin rd on the east, Dillard road on the south, crossroads blvd to the north and the existing Epic Games to the west. 3b. List the total estimated acreage of all existing wetlands on the property: 0.217 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: Allow expansion of the existing Epic Games Facilities. 3e. Describe the overall project in detail, including the type of equipment to be used: Typical construction equipment for road and building construction, see overall site plan for more specific details like buiding size, location, parking, BMP 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? ❑x Yes ❑ No ❑ Unknown Comments: Approved JD issued 5/14/2014 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): George Buchholz Agency/Consultant Company: John R. McAdams Co. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE final JD issued 5/28/14 by James Lastinger - SAW -2014-00417, copy attached. DWR site meeting on 1/13/14 with Sara Knies NBRRO#13-393 issued 1/13/14 copy attached. NWP 39 issued 10/21/15 SAW SAW -2014-00417. 401 issued 9/21/15 DWR #15-0905 copy attached. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑X Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. As described in 4d above, a NWP 39 and 401 were issued in 2015 but the permit expired before impacts were done. Required mitigation was paid 6. Future Project Plans 6a. Is this a phased project? ❑ Yes Q 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) 2. Area of impact (acres) W1 P Fill Headwater Wetland Yes Corps 0.217 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: 0.217 2h. Comments: 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 0 3i. Comments: 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 0 4g. Comments: S. 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: 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 vou MUST fill out Section D of this form. 6a. Project is in which protected basin? X❑ 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 131 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 0 0 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Please see attached statement from Owner and Project Engineer 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Please see attached statement from Owner and Project Engineer 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? Q 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? 0 Mitigation bank 11 Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Pancho Stream, Wetland & Nutrient Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Riparian wetland Type: Choose one Type: Choose one Quantity: 0.434 Quantity: Quantity: Proof of payment o mitigation bank and debots from associated an attached to this PCN 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: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: 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. 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). Per attached DWR letter no riparian buffers exist on site 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. Stormwater management plan to be approved by the Town of Cary. ❑ Yes ❑X No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 70% 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: The stormwater plan will be reviewed and approved by the Town of Cary. Approximate BMP locations are shown on the plans submitted with this application. Note that an existing BMP will have to be removed and its capacity replaced along with capacity for the new impervious surface. 2e. Who will be responsible for the review of the Stormwater Management Plan? Cary 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Cary 0 Phase II 3b. Which of the following locally -implemented stormwater management programs ❑x NSW ❑ USMP apply (check all that apply): ❑X 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): ❑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) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X 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 El Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. 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, El Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑X 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 E] Yes ❑X 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. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Epic Games expansion is a small commercial development that is also urban infill. 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. Connection to existing municipal sewer line 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 ❑ YesX❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 'Threatened/Endangered Species are located within the Raleigh West Quad via a NC -Natural Heritage Programs Data Search, It is our understanding that the USACE will formally consult with USF&WS regarding potential impacts to long eared bat habitat for any Wake Co. site 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? The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service, Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 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? Records checks at the State Historic Preservation Office or the Office of State Archeology were not performed. No structures were observed during the wetland evaluation and no structures are identified on the NC State Historic Preservation Office HPOWEB GIS Service. 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? Wake county GIS Kevin C. Martin Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from theapplicant is provided. Page 10 of 10 PCN Section D1.a&b Impact Justification Physical and engineering design constraints: • Our proposal considers an expansion of the existing Epic Games facility to accommodate anticipated staff growth. This new expansion will extend onto property owned by Epic Games, however, the new office facility must be connected to the existing facility to reduce physical separation of employees in order to optimize the staff utilization and inter -departmental collaboration which is necessary for the development and testing of their gaming software applications. Additionally, the proposed site plan has been developed to accommodate site development constraints related to vehicular access and minimum parking requirements. The Town of Cary will not allow any additional full -access drive connections onto Crossroads Boulevard between the existing driveway and the Jones Franklin Road intersection, as per Section D Access Management of the Town of Cary development ordinance. The town code section below (third paragraph) states that two driveways would need to be 600 feet apart. We only have a little over 500 feet from the existing driveway to Jones Franklin Road 1. Driveways The number of street and driveway connections permitted serving a single property frontage or commercial development shall be the minimum deemed necessary by the Director of Engineering for reasonable service to the property without undue impaimnent of safety, convenience, and utility of the roadway. Normally, not more than two driveways shall be permitted for any single property frontage. The arrangement of driveways should be related to adjacent driveways and nearby street intersections. Non-residential driveways accessing local or collector type streets shall be at least 100 feet from the point of tangency of the radius curvature of the next intersecting street. Non-residential driveways serving traffic volumes In excess of 300 ADT or accessing thoroughfares shall be located a minimum of 250 feet from the point of tangency of the radius of curvature of the intersecting street. Where two non-residential driveways are proposed along a single property frontage to facilitate operations, the minimum distance between the centerlines of the drives shall be 250 feet. The minimum distance between the centerlines of driveways into shopping centers or facilities generating in excess of 300 ADT shall be a minimum of 600 feet. Full access driveways open to signalization should be 1,200' apart. Non-residential driveways which access thoroughfares and serve more than 1500 ADT shall provide deceleration lanes in approach to the driveway. 03000-9 Town of Cary Standard Specifications and Detaffs: Adopted December 10, 2009 Considering the limitation of full -access drive locations and the nature of the expansion, the site plan shows a central full -access drive, which then "tee's" into driveways going north and south adjacent to the building to access the employee parking areas. The proposed parking has been designed to satisfy the Town of Cary's minimum parking standards and meet the necessary requirements of the Americans with Disabilities Act of 1990. Owner Statement of Justification and Needs Headquartered in Cary, NC, Epic has become one of the world's leading technology and video gaming companies. In doing so, Epic has continued to hire and grow its company, bringing more technology and high paying jobs to the area. Epic competes for talent against areas like Shanghai, San Francisco, Los Angeles and London. In order to compete to attract global talent, Epic has had to invest in buildings that are cutting edge. At the same time, Epic must provide a work environment that supports the collaborative nature of their creative design and technology development processes. As Epic continues to grow, we need to connect a second building to our existing headquarters to facilitate development and team collaboration. That building connection creates a campus where programmers will intersect throughout their day with artists and game designers and drive creativity. Connected collaboration is imperative to what we do every day. Our game teams must interact, face to face, because each team is working on a different component to what will, in the end, become an integrated video game. Our teams must stay in sync with each other and larger travel distances between work areas reduce the likelihood or practicality of this necessary interaction. Unfortunately, this creates the need to impact some of the wetlands so Epic can build and connect to our existing headquarters and thereby enable our team's creativity. With respect to the size of the facility, this is a result of reviewing historical growth of the company and expected space demand based on our current scheduled product launches. As an entertainment technology company, we compete to stay five years ahead of where the market is and design and create where games and technology will be in 2025 and beyond. As we grow we expect to fully occupy the entire structure we are planning to build. I Soil & Environmental Consultants, PA 8412 falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (979) 846-5900 • I -ax: (9l9) 846-9467 smidec.com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: Epic Games Expansion S&EC Project # 12415 Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Tasha Alexander Field Office: Raleigh I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s) (PIN): Site Address: 7 Off 1 - City, County, State: Cary, NC J&KT Rvy*WVAr V F i��,�etra-Ec� h 07f— ul Property Owner (pprint) 0 Date Owner SiRilature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. s °oqt sP/6 -o Johnson P¢ a Ori h Dr O� .a Havey ¢G\o� T Gregi— E Y O Dillard Dr u o r SOC cr acr moo ° Dillard .Drive o Schools > C tephens Rd O S a Mistiflow¢C T4 sRas �a ° Macedonia / Be art ¢ Q��y Pnd W c a¢ °a d4P P on i D Holly PI `¢� ay SL i0I;• °oys P °uthern c ,N 0odfield yak < 41 °�° ��ak n Smith Of Ls 4 sed °ay ht ero o C'Oa GaCae a Tr/ t4autia St WaY °s �o Speight Ch f °od ° ,tat¢S Sunset Rock e bac Future m` Park v Nu< �n SW ans Rest \N Ci°n d r R m j Tryon Village Dr Swiftside Dr E v n M � �. Jf Alva Dr to po N Disclaimer Maps makes every effort to produce and publish 0 650 1,300 2,600 Feet the most current and accurate information possible. I i I i i I I However, the maps are produced for information purposes, 1 inch = 1,320 feet and are NOT surveys. No warranties, expressed or implied ,are provided for the data therein, its use,or its interpretation. a v C. ° Denise Or � S1� Q�oe`` J Glencast/P 2a wa/nuts QunYCt t oce�a l , c• m / 11-1 `¢c d c 4hr IV, vS Penwood Dr Lake a Q' Johnson Centerview Dr Q\a�e 4�°C Crossroads e/L, .,.., wa YneSt c G3 . CO1446 Lake s °oqt sP/6 -o Johnson P¢ a Ori h Dr O� .a Havey ¢G\o� T Gregi— E Y O Dillard Dr u o r SOC cr acr moo ° Dillard .Drive o Schools > C tephens Rd O S a Mistiflow¢C T4 sRas �a ° Macedonia / Be art ¢ Q��y Pnd W c a¢ °a d4P P on i D Holly PI `¢� ay SL i0I;• °oys P °uthern c ,N 0odfield yak < 41 °�° ��ak n Smith Of Ls 4 sed °ay ht ero o C'Oa GaCae a Tr/ t4autia St WaY °s �o Speight Ch f °od ° ,tat¢S Sunset Rock e bac Future m` Park v Nu< �n SW ans Rest \N Ci°n d r R m j Tryon Village Dr Swiftside Dr E v n M � �. Jf Alva Dr to po N Disclaimer Maps makes every effort to produce and publish 0 650 1,300 2,600 Feet the most current and accurate information possible. I i I i i I I However, the maps are produced for information purposes, 1 inch = 1,320 feet and are NOT surveys. No warranties, expressed or implied ,are provided for the data therein, its use,or its interpretation. BUILDING LEGEND TOTAL JURISDICTIONAL WETLAND IMPACTS 9360 SO. FT. (0.21 AC) Si. DOSED ENTRY COURT s OFFICE ,y BUILDING PROPOSED AM SITE NOTES 1. THIS PLAN IS CONCEPTUAL PURPOSED ONLY AND IS SUBJECT TO CHANCE._` SITE DATA PROTECTED WITH TREE PROTECTION / SILT FENCE. UNDER NO CIRCUMSTANCES SHALL THERE BE ANY DISTURBANCE BEYOND THE _ EXISTING NC PARKING 1. 3 STORY BUILDING (31,000 SF/FLOOR) - 93,000 SF TO REMOVED • REQUIRED PARKING PER TOWN OF CARY (1/300 SF) = 310 PARKING SPACES I� 2. 2 STORY CONDITIONED BRIDGE CONNECTION TO EXISTING BUILDING (7,650 SF/FLOOR) 15,300 SF //�}�� • REQUIRED PARKING PER TOWN OF CARY (1/300 SF) - 51 PARKING SPACES 14 3. TOTAL BUILDING SQUARE FOOTAGE - 108.300 • TOTAL PARKING REQUIRED PER TOWN OF CARY - 361 PARKING SPACES • TOTAL PARKING PROVIDED 370 PARKING SPACES flS •J qr BUILDING LEGEND TOTAL JURISDICTIONAL WETLAND IMPACTS 9360 SO. FT. (0.21 AC) Si. DOSED ENTRY COURT s OFFICE ,y BUILDING PROPOSED AM SITE NOTES 1. THIS PLAN IS CONCEPTUAL PURPOSED ONLY AND IS SUBJECT TO CHANCE._` 2. THERE ARE EXISTING, JURISDICTIONAL WETLANDS ON-SITE. PRIOR TO CONSTRUCTION, THESE AREAS SHALL BE STAKED AND PROTECTED WITH TREE PROTECTION / SILT FENCE. UNDER NO CIRCUMSTANCES SHALL THERE BE ANY DISTURBANCE BEYOND THE _ EXISTING NC PARKING APPROVED WETLAND IMPACT AREAS DURING CONSTRUCTION. THE CONTRACTOR SHALL MONITOR THE WETLAND AREAS TO ENSURE TO REMOVED SEDIMENT LADEN RUNOFF FROM DISTURBED AREAS ON-SITE DOES NOT DISCHARGE INTO THESE AREAS. I� 1 PROPOSED 3. PRIOR TO CONSTRUCTION, ANY DISCREPANCIES BETWEEN THE CONSTRUCTION PLANS, SPECIFICATIONS, AND NOTES SHALL BE 1 1 OFFICE BROUGHT TO THE DESIGN ENGINEER'S ATTENTION IMMEDIATELY. BUILDING 4. PRIOR TO CONSTRUCTION, ALL DIMENSIONS AND GRADES SHOWN ON THE PLANS SHALL BE FIELD VERIFIED BY THE CONTRACTOR. I I IIJ' 108,300 SF 1 � CONTRACTOR SHALL NOTIFY THE OWNER AND DESIGN ENGINEER IF ANY DISCREPANCIES EXIST PRIOR TO PROCEEDING WITH I 1 CONSTRUCTION FOR NECESSARY PLAN OR GRADE CHANGES. NO EXTRA COMPENSATION SHALL BE PAID TO THE CONTRACTOR FOR 1 PROPOSED ANY WORK DONE DUE TO DIMENSIONS OR GRADES SHOWN INCORRECTLY ON THESE PLANS IF SUCH NOTIFICATION HAS NOT BEEN GIVEN. 1 I BMP ' 1.5 ACRES± S. IT IS ANTICIPATED THAT DE -WATERING MAY BE NECESSARY IN THE EXCAVATION AREAS (E.G. SUBGRADE AREAS). THEREFORE, THE CONTRACTOR SHALL FURNISH, INSTALL. OPERATE, AND MAINTAIN ANY PUMPING EQUIPMENT, ETC. NEEDED FOR REMOVAL OF WATER FROM VARIOUS PARTS OF THE PROJECT SITE. DURING PLACEMENT OF FILL WITHIN THESE AREAS, THE CONTRACTOR SHALL KEEP THE f •��. / 1 WATER LEVEL BELOW THE BOTTOM OF THE EXCAVATION / CONSTRUCTION AREAS. THE MANNER IN WHICH THE WATER IS REMOVED I SHALL BE SUCH THAT THE EXCAVATION BOTTOM AND SIDE SLOPES ARE STABLE, WITH NO SEDIMENT DISCHARGED FROM THE SITE 1 I (ILE. PUMPED WATER MAY NEED TO BE DIRECTED TO AN APPROVED EROSION CONTROL DEVICE PRIOR 70 DISCHARGE). 6. A PARKING LOT LIGHTING PLAN SHALL BE PREPARED BY OTHERS UNDER A SEPARATE COVER. 7. ALL CONSTRUCTION SHALL CONFORM TO THE LATEST DUKE ENERGY SPECIFICATIONS AND NCDOT STANDARDS AND SPECIFICATIONS. GRAPHIC SCALE 150 0 75 ISO 300 I inch = 150 ft. JURISDITIONAL WETLAND IMPACT 9360 SQ. FT. (0.21 AC) CROSSR nAR1AB, ���°"�° u tvn. PROPOSED -PARKING LOT ( DILLARD DRIVE (VARIAB1: InDTR pUBUC R/1) W LEGEND TOTAL JURISDICTIONAL WETLAND IMPACTS 9360 SO. FT. (0.21 AC) \�\\ vARr9�oSSRExrs I\\\ \\\\ �\ c 41 \ GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. 0 X:\Projects\EPC\EPG-15000\Land\Wetland Impacts\Current 0rowmgs\EPG15000x.dwg, 8/21/2015 10:57:13 AM, McCracken, Kyle w PROJECT N0. EPG -15000 a EPIC GAMES - BUILDING 2 JOHN FL MCADAMS ��COMiPMY, INC. yL 7 FILENAME: EPG1500-E1 Lu U y a CONCEPTUAL SITE PLAN 2905 Meridian Parkway Durham, North Carolina 27713 SCALE: 1��=50, Zvr• License No.: C-0293 DATE: "p .� Vj INSET 1 MCADAMS III 733-5646 • McAdam9Co.com 08-20-15 U.S. ARMY CORPS OF ENGMERS WILMINGTON DISTRICT Action Id. SAW -2014-00417 County: Wake U.S.G.S. Quad: NC -RALEIGH WEST GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Epic Games, Incorporated John Farnsworth Address: 620 Crossroads Blvd. Cary, North Carolina, 27518 Telephone Number: 919-854-0070 Size (acres) 8.26 Nearest Town Cary Nearest Waterway Swift Creek River Basin Upper Neuse USGS NUC 03020201 Coordinates Latitude: 35,7545 Longitude: -78.7318 Location description: The project area is located directly south of the intersection of Crossroads Boulevard and Legacy Village Drive. PINs: 0772995512 and 0772996729. Description of projects area and activity: This verification authorizes the placement of till material in 0.217 acres of wetlands to facilitate the expansion of a commercial office building. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit Number: 39 Commercial and Institutional Developments SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work. is authorized by the above referenced permit provided It is accomplished in strict accordance with the enclosed Conditions, your application signed and dated September 2, 2015, and the enclosed plans Sheets 1-2 dated August 20, 2015. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide pernut authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David Shaeffer at 919-554-4884 X31 or David. L.ShaefferAusace.army.mil. Corps Regulatory Official: ly. S-- Date: 10/21/2015 Expiration Date of Verification: 03/18/2017 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Epic Games, Incorporated, John Farnsworth Project Name: Epic Games Expansion Action ID: SAW -2014-00417 County: Wake Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (DMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it Is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized Impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the Impacts and/or the mitigation will occur In more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the Identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing Instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Renuirin¢ Mitlaatlon* 8 -digit HUC and Basin: 03020201, Neuse River Basin Stream Impacts linear feet_ Wetland Impacts (acres Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.217 *if more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03020201, Neuse River Basin Stream Mitigation (credits) I Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.434 Mitigation Site Debited: Restoration Systems Pancho Stream Wetland & Nutrient Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For DMS, list DMS. if the DMS acceptance letter Identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation Identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for DMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor falls to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name of Sponsor's Authoriel,� ed of Sponsor's -Jo h n AM� r J0-I)Zu-9-off Date of Signature Page 1 of 2 Form Updated 12 September, 2014 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: o Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee Is no longer responsible for providing the mitigation identified In this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. e Construction within jurisdictional areas authorized by the permit Identified on page one of this form can begin only after the USACE is In receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit Issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit Issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. o Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permlttee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. o If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). if approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and Included In the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: Compensatory mitigation will be provided for the above reference prolect through the Purchase of the appropriate credits as listed above from the Restoration Systems Pancho Stream. Wetland & Nutrient Mitigation Bank. A letter from Restoration Systems dated August 31, 2015 confirming that Restoration Systems is willing and able to accept the applicants compensatory mitigation resoonsibility was included with the meconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: David Shaeffer USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: A, _ October 21, 2015 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, Including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) Is available at http://ribits.usace.army.mil. Page 2 of 2 The Wilmington District Is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http:lZregulatory.usacesurvey.com/to complete the survey online. Pancho Wetland & Stream Mitigation Bank -- Neuse 01 Service Area Restoration Systems, LLC Corps Action ID # SAW -2010-00142 DWQ # Credit Release Schedule 137 Task # Description As -Built wetland Preservation % Stream Credit Release request MBI approved: 4-12-12; amended 19 -Feb -13 (5/17/2013) Stream Credits 8,282 8,419 Preservation 0.10 15% Enhancement & Restoration 8,282 1,394 Riparian Wetland Credits 30.00 29.90 Preservation 0.1 0.1 Enhancement & Restoration 29.90 29.80 Credit Release Schedule 137 Task # Description % Wetland Credit Release wetland Preservation % Stream Credit Release stream Preservation # of riparian WMUs # of SMUs Release Date anticipated release date I MBI execution, land protection, financial assurances 15% 0.10 15% 000 4.59 1,394 4/26/2012 II Construction w/Corps site inspection 15% 15% 4.45 1,132 6/12/2013 May -13 III Year 1 Monitoring Report 10% 10% 2.98 842 1/31/2014 Jan -14 IV Year 2 Monitoring Report 10% 10% " 2.98 842 1/27/2015 Nov -14 V Year 3 Monitoring Report 10% 5% 2.98 421 Nov -15 VI Year 4 Monitoring Report 10% 10% 2.98 842 Nov -16 VII Year 5 Monitoring Report 10% 10% 2.98 842 Nov -17 VIII Year 6 Monitoring Report 10% IF 5% 2.98 421 Nov -18 IX Year 7 Monitoring Report 10% 10%1 2.98 841 Nov -19 Bankful performance standard met I n/a I I 10% I n/a I 842 I 4/7/2014 Total 100% 1 1 100% 29.90 8,419 Pancho Wetland & Stream Mitigation Bank -- Neuse 01 Service Area Restoration Systems, LLC Corps Action ID # SAW -2010-00142 Riparian Wetland Stream Balance Permitee Information Transaction Date IRT notificatoion sent Credit (+) Debit (-) Credit (+) Debit (-) rWMUs Permitee SMUs Corps Action ID# Project Name Project Contact 26 -Apr -12 Corps release 1 4.59 1394.4 4.590 1394.4 SAW -2010-00142 Pancho Tracey Wheeler 20 -Sep -12 Credit Transfer 0.470 4.120 1394.4 SAW -2012-00837 Eastern Regional Park, Fuquay-Varina Troy Beasley 31 -May -12 Credit Transfer 0.500 3.620 1394.4 SAW -2011-01968 Marvino Lane/Glenwood Troy Beasley 25 -May -12 Credit Transfer 3.600 0.020 1394.4 199501141 Town of Hillsborough Kenny Keel, Town Engineer/Utilities Dir. 12 -Jun -13 Corps release 2 4.45 1132 4.470 2526.4 SAW -2010-00142 Pancho Tracey Wheeler 19 -Jun -13 Credit Transfer 2526.4 4.470 0.0 RFP 16-005327 EEP Jeff Shaffer 31 -Jan -14 Corps release 3 2.98 842 7.450 842.0 SAW -2010-00142 Pancho Tracey Wheeler 12 -Feb -14 Credit Transfer 786.6 7.450 55.4 RFP 16-005327 EEP Jeff Shaffer 17 -Mar -14 Credit Transfer 0.423 7.027 55.4 SAW -2011-01006 BB&T Brandon Phillips Corps release 7 -Apr -14 (bankful) 1 842 7.027 897.4 SAW -2010-00142 Pancho Tracey Wheeler 13 -May -14 Credit Transfer 0.084 6.943 897.4 SAW -2008-00875 Pecan Grove Apartments South Jason Volker 16 -May -14 Credit Transfer 0.060 6.883 897.4 SAW -2008-00596 5401 North Kevin Yates 22 -Jul -14 Credit Transfer 1.100 55.0 5.783 842.4 SAW -2013-00066 TIP No. 5318, Main St. Extension Jason Hartshorn 12 -Aug -14 Credit Transfer 0.339 5.444 842.4 SAW -2014-00728 South Garner High School Deborah Shirley 24 -Sep -14 Credit Transfer 381 5.444 461.4 SAW -2012-01558 Norfolk & Southern Robert Lepsic 2 -Dec -14 Credit Transfer 8.0 5.444 453.4 Smith & Sanford Creek Greenway Jason Hartshorn 18 -Dec -14 Credit Transfer 0.692 4.752 453.4 SAW -2008-0082o Brookside Subdivision Scott Mitchell 26 -Jan -15 Corps release 4 2.98 842 7.732 1295.4 SAW -2010-00142 Pancho Tracey Wheeler 2 -Feb -15 Credit Transfer 0.500 7.232 1295.4 SAW -2009-01281 Lane Tree Farms Blake Hall 25 -Feb -15 Credit Transfer 3.500 885.4 3.732 410.0 RFP 16-006225 EEP Jeff Jurek 20 -Mar -15 Credit Transfer 1.4006 2.331 410.0 SAW -2014-01038 Herbert Akins Road Realignment Scott Mitchell 20 -Mar -15 Credit Transfer 410.0 2.331 0.0 SAW -2014-00866 M/I Homes, Weston Parkway Townhomes Jeremy Finch 14 -Sep -15 Credit Transfer 0.2700 2.061 0.0 SAW -2015-00671 Town of Clayton/Sam's Branch Interceptor Gregory Price ct-15 Credit Transfer 17 -Nov -15 Credit Trans er 0. 3 Op -Q 0.4340 1.761 1.327 0.0 SAW -2015-00229 014-00417 lenmere Sub Epic Games Expansion Kevin Martin vai a le Credits 15 13.673 5052.4 5052.4 1.327 0.0 North Carolina Department of Environmental Quality Pat McCrory Governor September 21, 2015 Epic Games, Inc. Attn: John Farnsworth 620 Crossroads Blvd. Cary, NC 27518 Donald R. van der Vaart Secretary DWR # 15-0905 Wake County D SEP 24 2M BYSol aE� _ Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Epic Games Expansion Dear Mr. Farnsworth: You have our approval for the impacts listed below for the purpose described in your application dated September 2, 2015 and received by the Division of Water Resources (Division) on September 2, 2015. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent : Temporary Wetland 0.217 (acres) 0 (acres) Division of Nater Resources, Raleigh Regional Office, Rater Quality Operations Section http://pottal.ncdenr.org/wcb/wq/aps 1628 Mail Service Center. Raleigh. NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Far: (919) 788-7159 An Equal opportunity l Affirmative Action Employer — Made in part by recycled paper Epic Games Expansion DWR# 15-0905 401 APPROVAL Page 2 of 4 2. Stormwater Management Plan (SMP) Approval from Local Community Required You are required to provide one copy (hard copy or digital) of the approved SMP, including plan details on full-sized plan sheets, with proof of the Town of Cary's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the Town of Cary. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. (15A NCAC 02H .0501 and .0502] 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H.0500. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC 02H.0507 (c)] 5. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http:/Iwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any Epic Games Expansion DWR# 15-0905 401 APPROVAL Page 3 of 4 applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR-DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR-DWR-401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Cherri Smith at 919-791-4251 or cherri.smith(c@ncdenr.eov if you have any questions or concerns. Epic Games Expansion DWR# 15-0905 401APPROVAL Page 4 of 4 nicly, Danny Smit Supervisor, Water Quality Regional Operations Section Enclosure: GC 3890 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, Ste. 105; Wake Forest, NC 27597 Kevin Martin; Soil & Environmental Consultants; 8412 Falls of Neuse Rd., Ste. 104; Raleigh, NC 27615 DWR RRO 401 file DWR 401 & Buffer Permitting Unit A4x� NCDENR North Carolina D•epartment,of'Environment,and.,Natural.Re_ sources Division of Water Resources 'Water Quality Programs Pat;McCrory Thomas A. Reeder John E: Skvarla, III Governor,, Director Secretay January, 13, 2014, George -Buchholz. The JohnA. McAda iris" Coippiiny 2905 Mendituf Parkwdy' Durham; NC 2771'3 Cary;,,NG 2751'-3 Subject: Surface Wate_ r.Determiiiafion Letter, NBRRO#:O= -393 .Wake, County Deierminatiom Type 'Buffer Call Isolated,'oP EIP Call Neuse (15A NCAC _26 .0233) .Subject ❑ Tar_Pamlico (1'5A'NCACA3 0259)❑ Ephemeral/intermittent%Perennial-Determination ;❑ Jordan (15A NGAC 2B 0267) [2, Isolated MRiand,Det&rningtlon ProjedtTName: Crossland§ Land=Site•B Location/Directioins: Properfies are -undeveloped parcels -located at intersection+of.Dill'ard 'Driveiand.Jones'Franldin Road. (Wake County Pin #'s: 0,•772995512.& `0772996729) +Subject Stream`. UT -to Silver Lake Determination Date: J,anuar_y I 13,2014 Staff: •Sara;Knies Trriir = Gpnemerau.nrermurenur-erenma[, Explanation: Tlie.feature(s) _listed`above has or have been'located on the Soil:Survey'of Wake County;,North Carolina or the mosvrecent_copy of the•USGS Topographic map at.a 1:24;000 scale. Each ,featurvthat li ,checked "Not`Suliject"'has'been d'etermined.not,to be a stream oris'not present on the property. Features that:are checked "Subject" lfdve�been.loc"a"ted ori:the..property and possess, characteristics,that qualify it,to'be a -;stream. There may_ be - other streams located:on'your property4hat domot show up on -the maps:referenced'above but, still maybe. considered jurisdictional -according to the US Army,Corps.of Engineers and7or to the Division of Water_ Resources RCarolina - - - - turnl!y North Carolina DiJisiomof,Wafer=Resources: -1628 Mai6Service,Center Raleigh„NC 27699-1628,Phone•(919} 791 4200' Internet www ncwaten: uaht`v'org. Location 3800 Barrett Drive Raleigh,,NC 27609 'Fax (91.9) 788=71'59 An'Equal'bpportunity/Affirmative A:dohrEmployer-,50%iRecyclo/101/o.Post,Consumer Paper, eature%Elag ; `E/UP* Not 'Suti"'eef .Subject Start@. Stop@ " Soil Survey USES T,o 0 ,A -- - E_ X X Trriir = Gpnemerau.nrermurenur-erenma[, Explanation: Tlie.feature(s) _listed`above has or have been'located on the Soil:Survey'of Wake County;,North Carolina or the mosvrecent_copy of the•USGS Topographic map at.a 1:24;000 scale. Each ,featurvthat li ,checked "Not`Suliject"'has'been d'etermined.not,to be a stream oris'not present on the property. Features that:are checked "Subject" lfdve�been.loc"a"ted ori:the..property and possess, characteristics,that qualify it,to'be a -;stream. There may_ be - other streams located:on'your property4hat domot show up on -the maps:referenced'above but, still maybe. considered jurisdictional -according to the US Army,Corps.of Engineers and7or to the Division of Water_ Resources RCarolina - - - - turnl!y North Carolina DiJisiomof,Wafer=Resources: -1628 Mai6Service,Center Raleigh„NC 27699-1628,Phone•(919} 791 4200' Internet www ncwaten: uaht`v'org. Location 3800 Barrett Drive Raleigh,,NC 27609 'Fax (91.9) 788=71'59 An'Equal'bpportunity/Affirmative A:dohrEmployer-,50%iRecyclo/101/o.Post,Consumer Paper, Ctosslarid's Land=Sit_e;B Wake County January'0, -2014' Page 2 of,27 This ion-siteAeter.inination shall expire five, (5) years from,the;date:of this letter: Land'ownervor affected parties, that dispute.a,deterniination*made by the DWR or, Delegated Local Authority -may �request:a,determination by the Director•..An;appeai request?must,be madelwithin sixty (60) days of date of;this fetter or, -from the date the affected party,(including:downstream and%or adjacent owners) issnotified oUthis letter. A request for^a,determination'by the: Director,,shall be -referred to the Director-in,writing,c7o Karen.Higgins, DWR WeBSCaPe:Unit, '1650.M_ ail:Service Center; Raleigh, NC; 27699. 'Thi s,determinatibnU _final and,binding,uiiless;,as'detailed,above; yowask for-a1earing-or appeal within -.sixty (60) days: c The owner/fufure�owners should notify,the,Division of Water Resources (including any,6ther,Local', State;.and 'Federat-Agencies), of 'this decision concerning,any future correspondences regardingthe.subjecf property (stated above): This project>may•require a Section 404/401 Permit-for•;the,proposed .activity. Any,inquiriesishould.be, directed°to,the,Didision of Water. Resources-(Central,Office) at:(919)-807-6300, andthe US Army Corp of'Engineers, (Raleigh Regulatory Field Office) at.(919)-55.4488.4: If you have questions regarding this determination, please feel•'free,to contact,Sara Knies at (949) 791-4200. a R pect ' lly; DanwSmith upervisor Water'Quality Section 'Ral'eigh-Regional'Office. cc:. RRO/SWP File Copy ' a' 'Afmv-w1 '�, f 1, �,,. i✓..joIII'sair11 was •. •r r -� �i4. ��. ��\ �.ia���_�� %n /mayWFA 4w. vz \� ba 41 re, IN —.5 RRII ✓/// l it--.,� • j I�Z :. +% rid I,1'l"Afflw jor, IRA AP,' .1j ,;:fie t� s \.r ��Al�j'� /, `� f ✓/ Will ask iW4 We. so ����1:.�►� ,��1LIJwt?*. _: ;.���'�C�i►!-!-x.15 ar ® -510� �C s fol"j--or Of 'l� N jr- look _P1��/r.� �1 ire• /�a .�I VA WNZ WE I •► i �� Viz. � ..� •��t -.... � ,,� I7� I � as o� (�. 7 o•. `. -•a .• • ••• em"I :161 \ but W_\ ► I IMM I I =9: N CROSSROADS LAND - SITE "B" WETLAND DELINEATION FIGURE 2. SOIL SURVEY EXHIBIT 0 250 500 1,000 PROJECT #: ARA -13000 Feet i i„c►,=sooi«t CARY, NORTH CAROLINA MCA DANT S 1. A.Ili MG U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2014-00417 County: Wake U.S.G.S. Quad: NC -RALEIGH WEST NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: PFRS Crossroads Land Corp. Paul Vacheron Address: 801 N. Brand Blvd. 8th Floor Glendale, CA, 91203 Telephone Number: Size (acres) 8.27 Nearest Town Cary Nearest Waterway Speight Branch River Basin Upper Neuse. North Carolina. USGS HUC 3020201 Coordinates Latitude: 35.7545528351345 Longitude: -78.7318153974316 Location description: The property is two lots located in the southwestern quadrant of the intersection of Crossroads Blvd. and Jones Franklin Rd. in the town of Carv, Wake Countv, North Carolina. Aquatic features on site drains to Speight Branch in the Neuse River basin. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on May 14, 2014. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our Page 1 of 2 published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastin¢er at 919-554-4884 x32 or James.C.Lastineerna usace.army.mil. C. Basis For Determination: wetlands on site exhibit the three criteria as described in the Corps 1987 wetland delineation manual and appropriate reeional supplement. D. Remarks: Site visit made on February 26, 2014 to verify extent of jurisdictional wetland on site. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The del ineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 7/28/14. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." Corps Regulatory Official: Date: May 28, 2014 Expiration Date: May 28, 2019 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://re ulatoiy.usacesurvey.com/. Copy furnished: John R. McAdams Company, Inc. Attn: George Buchholz 2905 Meridian Parkway Durham, NC 27713 RcCEIVEC P 1� 2014TH �t this CW of the pbt ocamotey � the d«y of the Iction _ 3 Q Of 404 of the Chm Moter Aa os ddwff*wd by the undersigned on th6 dote. HPR 11 ' is a change in the be of a. Pu1161rd nmubtionst, the determination of Section jumis6etion may be raged upon for o period not to euaad five (5) yam C�� _ — r�kf E[Gt i REGi!!Ai n+roa�m - dote The alear.�rre eompbtd the eeterrrrnaion atazMg the oppropnote G�6 b Or 9B7 US. Army Corps of Eeginaas M/elbnda Da6naotion �r �. �•QFF1�1= / V% GO ani\ "''+S - "V MD G"z ro 4/Y ba.set _ C10 JURISDICTIONAL WETLAND AREA: g Cg 9.444 SOUARE FTS 0.217 ACRES 6 C� PERS LOTtD CORP CROSSIMADSBN 2001 PG 1295 Pqt 0772986729 RD: 0340044 0 0 I I NORTHING FASTING v � Z b F 729902 2079288 C2 C4 I 729888 2079347 C4 729885 2079363 PFRS� RP LAND CO 729906 2079364 �= 729917 2079377 C7 729996 2079397 BY 2001 PG 112295X �Lf:In C9 �0 C10 729931 207941 X12 � I 729973 2079453 OPS DERIVED DATA NC SPC NAD 83 N 729580.62' E 2078776.90' Ne7•Se•20•e W70.09.52•2 ea.e7• -0 -- — — — — WETLAND FLAG COORDINATES FLAG If NORTHING FASTING Cl 729902 2079288 C2 729836 2079309 C3 729888 2079347 C4 729885 2079363 C5 729906 2079364 C6 729917 2079377 C7 729996 2079397 C8 729999 2079406 C9 729920 2079398 C10 729931 207941 Cil 729956 2079423 C12 729973 2079453 C13 729989 2079479 C14 7300M 2079493 c15 730019 2079485 C16 730074 2079481 C17 730069 2079469 Cls 730039 C19 730015 2079422 C20 729952 2079375 C22 729839 2079302 C23 7298M 2079284 DP1 730018 2079762 OP2 729970 20794 I•CARp••' 'Ir: L -4677E I, I •'� SUM. CRT. ='` 1 w WETLANDS MERE FIELD LOCATED USING TRADITIONAL LANG SURVEYING EOUPMENT. STATE PLANE COORDINATES SHOW MERE DERNED FROM NC GEODETIC SURVEYS REAL -TILE RM NEIMOIM. WETLAND DELINEATION PLAT ,CROSSROADS - LOTS J&K CARY TWSP. WAKE CO.,NC APRIL 2014 SCALE 1 "=80' BAR 6AAPH 1 inch + 8D /t. XROADS MET.DWG Robert Murphy PUC A19Jeegona[ Lana smwytilq Po am 99M Firm OP -1143 r41eh. NO 37634^9763 9) M _1740