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.
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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.
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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\\\ \\\\
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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
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PROJECT N0.
EPG -15000
a
EPIC GAMES - BUILDING 2
JOHN FL MCADAMS
��COMiPMY, INC.
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7
FILENAME:
EPG1500-E1
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a
CONCEPTUAL SITE PLAN
2905 Meridian Parkway
Durham, North Carolina 27713
SCALE: 1��=50,
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License No.: C-0293
DATE:
"p
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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.
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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