20181194 Ver 1_401 Application_20190701

M'�'/MN
Preliminary ORM Data Entry Fields for New Actions
SAW — 2018 - 162
Prepare file folder ❑
BEGIN DATE [Received Date]:
Assign Action ID Number in ORM
1. Project Name [PCN Form A2a]: Charlotte Intermodal Logistic Center
2. Work Type: Private ❑ Institutional ❑ Government 11
3. Project Description / Purpose [PCN Form B3d and [33e]:
Commercial ❑✓ ��^
V
To develop a commercial warehouse with associated infrastructure that will attract tenants that do
business with Intermodal and Charlotte Douglas Airport.
4. Property Owner / Applicant [PCN Form A3 or A41:
SL Horton Road LLC /Dan Lacz
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson
6. Related Action ID Number(s) [PCN Form [35b]: SAW -2018-00162
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
10137 Horton Road, Charlotte, NC 28278
35.1842 / - 80.9711
8. Project Location - Tax Parcel ID [PCN Form 61a]: 141 -181 -02
9. Project Location—County [PCN Form A2b]: Mecklenburg
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Charlotte
11. Project Information — Nearest Waterbody [PCN Form 62a]: UT to Beaverdam Creek; Class C
12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: Upper Catawba 03050101
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit # 39
❑ Regional General Permit #
❑ Jurisdictional Determination Request
✓❑ Section 10 & 404
Pre -Application Request
Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602
Page 1 of 27

Al
.� M�� 1
US Army Corps of Engineers
Asheville Regulatory Field Office
Attn: Mr. David Shaeffer
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
June 10, 2019
NC Division of Water Resources
401 and Buffer Permitting Unit
Attn: Mrs. Karen Higgins
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Charlotte Intermodal Logistics Center, +/- 42.6 Acres
10137 Horton Road, Charlotte, NC 28278
Nationwide Permit 39 Verification Application
Corps Action ID: 2018-00162 / DWR Project #: 20181194
David/Karen:
Atlas Environmental, Inc. is submitting the enclosed Nationwide Permit 39 verification
application on behalf of the applicant, Mr. Dan Lacz of SL Horton Road LLC. The
proposed project includes development of a commercial warehouse for tenant(s) that do
business at the Intermodal facility and Charlotte airport. Site development will include
construction of a 421,900 square foot building, two trailer parking areas, two employee
parking areas, two truck courts, and two stormwater best management practice ponds.
The property is located less than 1.5 driving miles from the Intermodal facility and the
Charlotte airport.
The developer, SL Horton Road LLC, purchased the property in June 2018. A
jurisdictional determination was requested in January 2018 and an Individual Permit
application was submitted August 2018. We are requesting that the Individual Permit
application be withdrawn. The man-made pond has been drained and impacts can now
be permitted under a Nationwide Permit (enclosed). Atlas Environmental delineated the
pond and pond bottom areas before and after draining the pond. The outlet structure of
the pond was modified to retain the new pond level without breaching the dam. The
original size of the pond was 1.009 acres. The pond size after draining and altering the
outlet structure is 0.17 acre. As requested by the Corps, Atlas delineated seepage
areas in the pond bottom based on the assumption that vegetation would become
established and the areas would become wetland. This area was delineated and is
0.18 acre in size. Representative photographs of the pond bottom are included for your
reference.
The requested impacts include 0.17 acre of open water impacts, 0.197 acre of wetland
impacts at five polygonal wetlands (WL 1000 = 0.006 acre, WL 3000 = 0.002 acre, WL
ATLAS Environmental, Inc.
712 English Tudor Lane
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte
Page 2 of 27

T AQ
VIRONMENTAL
3100 = 0.006 acre, WL 3200 = 0.003 acre, and WL 4000 = 0.180 acre) and 115 linear
feet of intermittent stream (CH 200).
All other waters on the subject property are being avoided. This avoidance includes CH
100 = 1,171 linear feet (both intermittent and perennial), CH 200 = 52 linear feet, and
WL 2000 = 0.041 acre. The wetland that has been avoided is a higher quality floodplain
wetland. Stream impacts have been limited to less than 150 linear feet. Wetland
impacts have been limited to less than 0.2 acre most of which includes the pond bottom.
Due to the amount and quality of the aquatic resources Atlas Environmental is
requesting wetland mitigation at a 1:1 ratio. On-site mitigation at a rate of 0.5:1 will be
carried out by the implementation of storm water control measures (SCM's) that exceed
the requirements of local regulations. The proposed SCM's have been designed to
treat the 50 -year storm instead of the 25 -year storm in efforts to protect downstream
and receiving waters. The SCM's are required to be dry ponds due to the close
proximity to Charlotte Douglas International Airport. The SCM's include sand filters
which are used to remove a wide variety of pollutant concentrations in stormwater by
settling, filtering, and adsorption. The remaining 0.5:1 mitigation will be paid through the
Division of Mitigation Services In -Lieu Fee program by requesting 0.099 acre of wetland
mitigation.
Table of SCM benefits compared to previous pond
Parameter
Current Pond
Mitigation Proposal
Retention Time
Medium
Medium
Retention Volume
Low
High
Sediment Removal
High
High
Nutrient Removal
NO
Yes
Bacteria Load
Increases
Decreases
BOD
Increases
Decreases
Temp of Discharge
Medium
Low
Peak Discharge
Medium
Low
Peak Velocity
High
Low
Atlas Environmental has also conducted analytical monitoring of the pond and the stream to
determine potential effects on water quality as a result of the historic pond. Water quality
samples were collected from the pond and the stream above the confluence with CH 200 which
drains from the pond. Samples were analyzed for temperature, pH, turbidity, potassium, fecal
coliform, biological oxygen demand, chemical oxygen demand, dissolved oxygen, and nutrients.
Sampling occurred on January 25, 2019. Fecal coliform was re -sampled on January 31, 2019.
Sampling for fecal coliform occurred twice due to an erroneous sample result that approximated
10 times the appropriate concentration, this value was discarded after subsequent sampling and
has not been included in this report. The results of the sampling confirm that the pond was
having a negative effect on downstream water quality. The combined higher BOD and COD of
ATLAS Environmental, Inc.
712 English Tudor Lane
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte
Page 3 of 27

VIRONMENTAL
the pond due to organic load and historic chemical application to the tree farm, along with
increased temperature, are causing lower dissolved oxygen levels in the water which are
discharging to the stream. Nutrients, especially Total and Kjeldahl nitrogen were elevated in the
pond as a result of fertilizer application.
Table 2: Summary of Samolina Results
Parameter
Pond
Stream
Units
Potassium
ND
ND
ug/L
Fecal
38,33
34
CFU/100 mL
DO
8.7
10.3
mg/L
BOD
5.5
ND
mg/L
Total N
0.94
ND
mg/L
TKN
0.89
ND
mg/L
NO2/NO3
0.046
0.17
mg/L
Phos. Total
0.12
0.052
mg/L
COD
37.8
ND
mg/L
pH
7.41
7.34
unitless
Turbidity
73.5
23.4
NTU
Temperature
5.0
1.9
Degrees C
Enclosed are the necessary permit application documents and additional information.
Thank you for your attention to the enclosed request. Please contact me if you need
any additional information.
Best regards,
Jennifer L Robertson
JRobertson (aD-atlasenvi.corn
Digital copy: Mr. Alan Johnson, DWR Mooresville Office
ATLAS Environmental, Inc.
712 English Tudor Lane
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte
Page 4 of 27

Charlotte Intermodal Logistics Center
Agent Authorization Form
TMS
lRONMENTAL
Page 5 of 27

IADNMENTAL
AGENT AUTHORIZATION FORM
U.S. Army Corps of Engineers, Wilmington District
Attn: Mr. Scott McLendon, Chief, Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Resources, Water Quality Program
Wetlands, Buffers, Streams — Compliance and Permitting Unit
Attn: Mrs. Karen Higgins, Supervisor
1617 Mail Service Center
Raleigh, North Carolina 27699-1650
I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement
holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my
behalf as my agent during the processing of permits to Impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are
authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of
conducting on-site Investigations and Issuing a determination associpted with Waters of the US subject to
Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899 and Waters of the State Including 404 Wetlands, Isolated Wetlands, and other non -404
Wetlands subject to a permitting program administered by the State of North Carolina. Atlas
Environmental Inc is authorized to provide supplemental information needed for delineation approval
and/or permit processing at the request of the Corps or NC DWR Water Quality Program.
Project Name:.
Charlotte Intermodal Logistics Center
Property Owner of Record:
SL Horton Road LLC
Dan Lacz, The Silverman Group
Contact Name:
195 Morristown Road
Address:
Basking Ridge, NJ 07920
Address:
973-765-0100 x 4063 / 973-765-0101
Phone/Fax Number:
[e-mail]
Email Address:
10137 Horton Road
Project Address:
Charlotte, NC 28278
Project Address:
14118102
Tax PIN:
V. P.
Signature:
4
Date:
ATLAS Environmental Inc.
712 English Tudor Lane
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
[e-mail]
www.atiasenvi.com
Page 6 of 27

O�O�- W ATF,q
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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
Page 7 of 27
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e.
Is this notification solely for the record
becausewritten approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit.-
ermit:because
❑ Yes ® 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.
® Yes
❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Charlotte Intermodal Logistics Center
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
Not a subdivision
2e.
NCDOT only, T.I.P. or state
project no:
7notDOT project
3.
Owner Information
3a.
Name(s) on Recorded Deed:
SL Horton Road LLC
3b.
Deed Book and Page No.
BK: 32765 PG: 3-5
3c.
Responsible Party (for LLC if
applicable):
Dan Lacz, The Silverman Group
3d.
Street address:
Owner address: 195 Morrison Road Basking Ridge, NJ 07902
3e.
City, state, zip:
Site address: 10137 Horton Road Charlotte, NC 28278
3f.
Telephone no.:
973-765-0100 x 4063
3g.
Fax no.:
973-765-0101
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009
Page 7 of 27

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
same as above
4c. Business name
(if applicable):
same as above
4d. Street address:
same as above
4e. City, state, zip:
same as above
4f. Telephone no.:
same as above
4g. Fax no.:
same as above
4h. Email address:
same as above
5. Agent/Consultant Information (if applicable)
5a. Name:
Jennifer L Robertson
5b. Business name
(if applicable):
Atlas Environmental, Inc.
5c. Street address:
712 English Tudor Lane
5d. City, state, zip:
Charlotte, NC 28211
5e. Telephone no.:
704-512-1206
5f. Fax no.:
not applicable
5g. Email address:
[e-mail]
Page 2 of 10
PCN Form — Version 1.4 January 2009
Page 8 of 27

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
141-181-02
1 b. Site coordinates (in decimal degrees):
Latitude: 35.1842 Longitude: - 80.9711
1 c.
Property size:
42.620 acres
2.
Surface Waters
2a. Name of nearest body of water to proposed project:
UT to Beaver Dam Creek
2b. Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Upper Catawba
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: deciduous forested areas, evergreen forested areas, field areas, maintained utility lines; the general land use
in the vicinity is residential development, and undeveloped areas
3b. List the total estimated acreage of all existing wetlands on the property: 0.0319 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2282 linear feet
3d.
Explain the purpose of the proposed project: To develop a commercial warehouse and associated infrastructure
3e.
Describe the overall project in detail, including the type of equipment to be used: to develop an approximate 422,000
square foot industrial warehouse building as well as associated infrastructure, typical construction equipment will be used.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments: SAW -2018-00162
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑Preliminary Final
®
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Jennifer Robertson
Agency/Consultant Company: Atlas Environmental, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
the JD has not been issued as of yet
5.
Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ® No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
An individual permit was originally submitted due to the amount of open water impacts. The individaul permit was
withdrawn and the pond drained. The project is now being processed under a NWP 39.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ® No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
Page 9 of 27

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
® 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
(if known)
2d. 2e. 2f.
Type of jurisdiction Area of
Forested Corps (404, 10) or impact
DWQ (401, other) (acres)
W1 P
Fill
Bottomland Hardwood Forest
No Corps 0.006
W2 P
Fill
Seep
No Corps 0.002
W3 P
Fill
Seep
No Corps 0.006
W4 P
Fill
Seep
Yes Corps 0.003
W5 P
Fill
Unknown
No Corps 0.180
W6 -
Choose one
Choose one
No Corps
2g. Total wetland impacts: 0.197
2h. Comments: Impact W5 is located in the drained pond bottom. Wetlands W2, W3, and W4 are historically impacted and
LOW quality, vegetation and hydrology are significantly altered.
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
(Corps - 404, 10
DWQ — non -404,
other)
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
CH 200
INT
Corps
2
115
S2 -
Choose one
-
-
S3 -
Choose one
-
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts:
115
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009
Page 10 of 27

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 individually 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 P
Pond 1
Fill
Pond
0.174
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts:
0.174
4g. Comments: 01 is the remaining open water in the drained man-made pond
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
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?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b. 6c.
Buffer impact
number - Reason for impact
Permanent (P) or
Temporary (T)
6d. 6e. 6f. 6g.
Buffer Zone 1 Zone 2
Stream name mitigation impact impact
required? (square (square
feet) feet
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
j Yes/No
B6 -
I Yes/No
6h. Total buffer impacts:
6i. Comments: no DWR buffer impacts proposed
Page 5 of 10
PCN Form - Version 1.4 January 2009
Page 11 of 27

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The most high-quality wetland (WL 2000) on the property has been completely avoided. Also, no impacts are being proposed
to the perennial stream. Originally stream impacts to CH 200 ( intermittent stream) were anticipated to be 135 linear feet.
This impact (S1) was redused to 115 linear feet.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The positioning and grading plan of the building was designed to avoid the highest quality aquatic resources. The outfall
structure of the man-made pond was altered to minimize the extents of the pond. Additionally, in order to greatly minimize the
effects of stormwater runoff from the site the largest of the two storm water control measures has been designed to treat the
50 -year storm, instead of the required 25 -year storm event. This will reduce the discharge and velocities of stormwater
leaving the property and protect stream morphology and water quality. Water quality testing was also performed prior to
draining the man-made pond. Test results indicate that the pond was contributing higher turbidity, higher water temperatures
and higher chemical/biological oxygen demand resulting in lower dissolved oxygen, higher nitrogen and higher phosphate
levels. Analytical testing has confirmed that the removal of the pond has resulted in higher water quality of the receiving
water.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ® Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
®Payment to in -lieu fee program
project?
® Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: none
Type: Choose one
Quantity none
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Quantity none
Type: Choose one
Quantity none
3c. Comments: none
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):
none square feet
4e. Riparian wetland mitigation requested:
none acres
4f. Non -riparian wetland mitigation requested:
0.099 acres
4g. Coastal (tidal) wetland mitigation requested:
none acres
4h. Comments: no comments
5. Complete if Using a Permittee Responsible Mitigation Plan
Ea -If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
not applicable
Page 6 of 10
PCN Form — Version 1.4 January 2009
Page 12 of 27

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 ® 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
none
none
3 (2 for Catawba)
none
Zone 2
none
none
1.5
none
6f. Total buffer mitigation required:
none
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
not applicable
6h. Comments: no comments
Page 7 of 10
PCN Form — Version 1.4 January 2009
Page 13 of 27

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® 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.
❑ Yes ❑ No
N/A
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
>24% %
2b. Does this project require a Stormwater Management Plan?
® 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:
Due to proximity to Charlotte International Airport two stormwater control measures, dry detention basins, are being
constructed to avoid an increase in waterfowl in the area. The SCM's consist of a sand filter with outfalls rip -rap
dissipator pads located in high ground. The water will diffusely flow through the riparian zone to CH 100
2e. Who will be responsible for the review of the Stormwater Management Plan?
Local
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Mecklenburg County
® Phase II
❑ NSW
3b. Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® 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
attached?
❑ Yes ® No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
® Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
® Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
Page 14 of 27

F. Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes
® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® 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.
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.
sanitary sewer
Page 9 of 10
PCN Form — Version 1.4 January 2009
Page 15 of 27

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 ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-T
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NCDENR Natural Heritage Program Map Viewer and GIS Layer; see enclosed FWS comment letter
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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 ® 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?
NCHPO GIS Service; see enclosed SHPO comment letter
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: No permanent fill is proposed within the FEMA floodplain.
8c. What source(s) did you use to make the floodplain determination? FEMA floodmaps GIS layer
Jennifer L Robertson
o`
�� K J'�
June 14, 2019
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 10 of 10
PCN Form — Version 1.4 January 2009
Page 16 of 27

AA

Project Name: Horton Road Project
LAS
ocation: 10137 Horton Rd Charlotte, NC 28278
*V10CNMENTALL For: The Silverman Group: Attn: Dan Lacz
2 of 5 Coordinates: 35.18432, -80.97293
Date Created: 8/15/2018 Updated: June 07, 2P-19� 18 or 27

Waters of the U.S.
uatic Resource Sketch Ma
Water of U.S.
Directly Abutting
WL 4000; 0.180 Ac
Legend
Streets
Q Project Boundary
- - 2 Ft Contours
Delineation
Intermittent
Perennial
Pond
Wetland
Water of U.S.
Impoundment 1
0.174 Ac
Water of the U.S.
Directly Abutting
WL 1000; 0.006 Ac
Upland Data Form 2000
Wetland Data Form 2000
Water of U.S.
s-RPW
CH 200; 167 Linear Feet
DWR Stream Form 3
Water of U.S.
s-RPW
CH 100; 353 Linear Feet
Upland Data Form 1000 1
I Wetland Data Form 1000 1
DWR Stream Form 2
DWR Stream Form 1
Water of U.S.
p-RPW
CH 100; 818 Linear Feet
Water of the U.S.
Directly Abutting
WL 2000; 0.041 Ac
Ln
00
ci-
T
0 100 200 300 400 Ft
Project Name: Horton Road Project
LM1Location: 10137 Horton Rd Charlotte, NC 28278
RONMENTAL For: The Silverman Group: Attn: Dan Lacz
Coordinates: 35.18432, -80.97293 Date Created: 8/15/2018 Updated: June 07,
Paae3of5 QP 19 of 27
__

Waters of the U.S.
uatic Resource Sketch Ma
Water 01U. S.
s-RPW
CH 100; 353 Linear Feet
Isolated Wetland
WL 3200; 0.003
Legend Isolated Wetland Isolated Wetland
g WL 3100; 0.006 Ac WL 3000; 0.002
Streets
Q Project Boundary
— 2 Ft Contours
Delineation Wetland data form 3100
Intermittent --f-Upland data form 3100
Perennial
Pond 0 100 200 300 400 Ft
Wetland
�.cs
s%zb
4 of 5
Project Name: Horton Road Project
Location: 10137 Horton Rd Charlotte, INC 28278
For: The Silverman Group: Attn: Dan Lacz
Coordinates: 35.18432, -80.97293
Date Created: 8/15/2018 Updated: June 07, ?A;2 20 of 27

Aquatic Resource Table
Charlotte Intermodal Logistics Center
Stream Table
ID
Lat.
Long. T
Amount
Type
Units
Authority
CH 100
35.1831501
-80.9708796
1171
Linear
Feet
404
CH 200
35.18262944
-80.97113862
167
Linear
Feet
404
Total stream 1338 Linear Feet
Wetland Table
ID
Lat.
Long.
Amount
Type
Units
Authority
WL 1000
35.18267878
-80.97128567
0.006
Area
Acres
404
WL 2000
35.18135801
-80.97123031
0.0412
Area
Acres
404
WL 3000
35.18433353
-80.97261864
0.002
Area
Acres
404
WL 3100
35.18438662
-80.97271717
0.006
Area
Acres
404
WL 3200
35.18460394
-80.97262699
0.003
Area
Acres
404
WL 4000
35.1833
-80.9719
0.18
Area
Acres
404
Total Wetland 0.238 Acres
Pond Table
ID I Lat. I Long. Amount Type Units Authority
Pond 1 35.18335228 1 -80.97186919 1 0.174 Area Acres 404
Total Pond Area 0.174 Acres
Updated: June 07, 2019
Page 5 of 5 Page 21 of 27

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ROY COOPER
Governur
MICHAEL S. REGAN
Secroary
TIM BAUMGARTNER
Director
Dan Lacz
SL Horton Road, LLC
195 Morristown Road
Basking Ridge, NJ 07902
12/14/2019
NORTH CAROLINA
Environmental Quality
June 14, 2019
Expiration of Acceptance:
Project: Charlotte Intermodal Logistics Center County: Mecklenburg
This is a conditional acceptance letter.
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below. _
River Basin Impact Location Impact Type 'Impact Quantity
--- - (8 -digit HUC
Catawba 03050101 Non -Riparian Wetland* 0.099
*DMS does not have non -riparian wetland credit available in this service area. In accordance with the
directive from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the
mountains and piedmont areas of North Carolina can be accepted as requested, but mitigated
utilizing riparian wetland mitigation credits. Upon receipt of payment, DMS will take responsibility for
providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee
Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your
interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information,
please contact Kelly Williams at [phone].
cc: Jennifer Robertson, agent
d L ...... orep�
Sincerely,
J4mes. B Stanfill
Asset Management Supervisor
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street i 1652 Will Service Center I Ralelgh North Carolina 27699-1652 @ 27 Of 27 Page 9