HomeMy WebLinkAbout20161153 Ver 1_Public Notice_20161207Issue Date: December 7, 2016
Comment Deadline: January 6, 2017
Corps Action ID Number: SAW -2016-02360
The Wilmington District, Corps of Engineers (Corps) has received an application from
Clemmons TC, LLC seeking Department of the Army authorization to permanently
impact 636.7 linear feet of jurisdictional stream channel and 0.105 acre of forested
jurisdictional wetlands of a tributary of Johnson Creek associated with the proposed
construction of the Clemmons Town Center (CTC) located off of 2394 Lewisville-
Clemmons Road, in Clemmons, Forsyth County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at
http://www.saw.usace.army.mil/Missions/Re_ug latoDPermitPro_gram.aspx
Applicant: Clemmons TC, LLC
Attn: Mr. Steven Hankins
16501 Northcross Drive, Suite D
Huntersville, North Carolina 28078
Agent: Pilot Environmental, Inc.
Attn: Mr. Brad Luckey
P.O. Box 128
Kernersville, North Carolina 27285
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)
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Location
Directions to Site: The project site is a proposed lifestyle shopping center, herein referred
to as Clemmons Town Center (CTC), located on an approximate 16.3 acre tract at 2394
Lewisville-Clemmons Road in Clemmons, Forsyth County, North Carolina. Coordinates
(in decimal degrees) for the site are 36.036403° North, -80.387654° West. The site is
located in the Yadkin River Basin (8 -Digit Cataloging Unit 03040101).
Project Area (acres): 16.3 Nearest Town: Clemmons
Nearest Waterway: Johnson Creek River Basin: Yadkin
Latitude and Longitude: 36.036403N, -80.387654W
Existing Site Conditions
The land use in the immediate area surrounding the project consists of existing
commercial retail or townhouse residential. The project site itself is a wooded
undeveloped lot.
The project area that will be altered by the proposed development contains undeveloped,
wooded land and previously disturbed areas. The previously disturbed areas contain
current/former stormwater retention devices, access roads and borrow areas. These areas
are dominated by mixed grasses and weeds. The area of impact within the previously
cleared/graded area includes the following species: fescue -Kentucky 31 (Schedononus
arundinaceus), meadow fescue (Schedononus pratensis), bermudagrass (cynodon
dactylon), Bahiagrass (Papsaluin notatuin), Crabgrass (Digitaria sp.), Common
Dandelion (Taraxacuin officinals), broomsedge (Andropogon virginicus), white clover
(Trifoliuin repens), horsenettle (Solanum carolinense), horseweed (Cony --a canadensis),
common ragweed (Ainbrosia arteinisiifolia), wild garlic (Allium canadense) and common
lespedeza (Lespedeza cuneata).
The wooded land, located within the upland areas of impact, contains mixed hardwood
species including various oak, hickory, beech, elm, cedar and gum and maple species
within the tree/sapling stratum. Understory vegetation includes Christmas fern
(Polystichuin acrostichoides), Japanese honeysuckle (Lonicera japonica), green briar
(Smilax rotundifolia), muscadine grape (Vitis rotundifolia), Virginia creeper
(Parthenocissus quinquefolia) and ebony spleenwort (Aspleniuin platyneuron).
The wooded land located within the jurisdictional areas of impact are dominated by the
following species:
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Species
Stratum
Wetland Indicator
Acer nubruin
Canopy/Midstory
Red Maple
Tree/Sap
FAC
Fraxinus pennsylvanica
Canopy/Understory
Green ash
Tree/Sap
FACW
Carpinus caroliniana
Canopy/Understory
American Hornbeam
Tree/Sap
FAC
Salix nigra
Midstory/Understory
Black Willow
Tree/Sap
OBL
Lonicera japonica
Midstory/Understory
Japanese Honeysuckle
Vine/Herb
FAC
Vitus rotundifolia
Midstory/Understory
Muscadine grape
Vine/Herb
FAC
Toxicodendron radicans
Understory
Poison Ivy
Vine/Herb
FAC
Smilax rotundifolia
Understory
Green Briar
Vine/Herb
FAC
Woodwardia areolata
Understory
Netted Chain Fern
Herb
OBL
Boehineria cylindrica
Understory
False Nettle
Herb
FACW
Applicant's Stated Purpose
As stated by the applicant, the purpose of the proposed project is to develop a lifestyle
shopping center that meets the siting requirements in an area that has been determined to
have a demand in the market place for the development.
Project Description
The developer proposes to construct four buildings that will provide a total of
approximately 166,300 square feet of commercial space and approximately 9,600 square
feet of residential apartment space. The extension of Jessie Lane will funnel vehicular
and pedestrian traffic to the proposed lifestyle shopping center while also providing the
"Main Street" atmosphere critical to the success of the commercial occupants.
Additionally, the developer is proposing 467 parking spaces for the proposed CTC
lifestyle shopping center.
Avoidance and Minimization
Based on the alternative's analysis completed by the applicant, the preferred alternative
was determined to be the least damaging to the environment while still meeting the
applicant's purpose and need.
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The preferred alternative has far less negative impact to streams and wetlands than other
considered alternatives. Additionally, the preferred alternative has significantly less
impact to WoUS than former permit applications submitted for the site for the same
proposed use. It is likely that other similar development of the site, if conducted at a later
time, would result in significantly greater impact to WoUS than those proposed by the
preferred alternative.
The applicant has incorporated the use of retaining walls at significantly increased
construction costs in efforts to further minimize the impact to the environment and
jurisdictional features. Two approximate 10 feet tall retaining walls are being proposed
to avoid impact to the majority of streams and wetlands located on the western portion of
the site. Additionally, approximate 10 feet tall head and end walls have greatly reduced
additional impact to streams and wetlands located on the southern portion of the site
associated with the culvert installation for the proposed extension of Jessie Lane.
Through design techniques, the applicant has attempted to minimize the amount of net
loss of WoUS associated with project development. The applicant proposes to convert
forested wetlands to emergent wetlands in areas in proximity to retaining walls.
Additionally, the applicant is proposing to re -plant areas of temporary stream and
wetland impact associated with the installation of the culvert's rip -rap dissipater pad.
Finally, the applicant is proposing to "key in" the culvert's rip -rap dissipater pad to the
existing stream bed and bank. This involves the permanent placement of fill beneath the
ordinary high water mark; however, there will be no net loss of the stream's aquatic life
or habitat.
The sequence of construction has been designed to minimize areas of exposed/bare soils.
During construction of the project, erosion control devices will be routinely inspected and
maintained to minimize the amount of sediment runoff into down -gradient streams and
wetlands. Disturbed areas will be reseeded promptly, where possible, to prevent future
erosion and sediment runoff into streams. Stockpiling excavated soil will be avoided
where possible. If temporary stockpiling is necessary, the stockpiles be bermed and
surrounded with silt fencing. Erosion control inspections will be scheduled with the City
of Winston-Salem's Inspections Department as required. All construction activities will
be conducted in accordance with the design specifications prepared by the engineer and
approved by local and state regulating authorities.
There are approximately 1,351 linear feet of perennial stream channel, 637 linear feet of
intermittent steam channel and 1.725 acres of wetlands located in the site. Impacts to
1,287.8 linear feet of perennial stream channel, 63.5 linear feet of intermittent stream
channel and 1.572 acres of wetlands have been avoided. Additional impacts to
jurisdictional features beyond those that are proposed in this project are not anticipated.
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Compensatory Mitigation
The applicant has attempted to avoid and minimize impacts where possible and will
compensate to the extent practicable, for the remaining unavoidable losses with
mitigation. The applicant proposes the following mitigation for the unavoidable impacts
to mitigable features below:
*denotes mitigation from previous impact to WoUS under SAW -2013-01201
Impact
Type of
Proposed
Impact
Required
Impact
Impact
Mitigation
Impact Amount
Required
Impact
Mitigation
Amount
Feature
Fill
Ratio
2,343.7 SF
Credits
SA
Fill
1:1
573.5 LF
573.5 LF
SC
Culvert/Fill
2:1
19.3 LF
38.6 LF
SC
Rip-Rap/Fill
0
43.9 LF
0 LF
SA*
65
1:1
65 LF
65 LF
Stream Total
5,758 SF
701.7 LF
677.1 LF
*denotes mitigation from previous impact to WoUS under SAW -2013-01201
*denotes mitigation from previous impact to WoUS under SAW -2013-1201
The applicant proposes to compensate for impacts for the construction of the proposed
project by offering payment into the NCDEQ-Division of Mitigation Services (DMS)
and/or private mitigation banks. In addition to impacts proposed in this application, the
applicant proposes to provide mitigation for impacts associated with the development of
the parcel south of the project area, Clemmons Town Center Apartments, LLC (SAW -
2013 -01201). Private mitigation banks, in the watershed of the proposed project, did not
have credits available at the time of the applicant's request. According to a November
14, 2016 letter issued by the NCDEQ-DMS, the required mitigation credits are now
available. A copy of the letter is included as an attachment.
At the ratios proposed, the applicant will receive 678 linear feet of stream channel credits
and 0.25 acres of wetland credits, which will exceed mitigation credit requirements.
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Impact
Type of
Proposed
Required
Feature
Impact
Mitigation
Impact Amount
Credits
Ratio
WA
Fill
2:1
2,343.7 SF
4,687.4 SF
WC
Fill
2:1
978 SF
1,956 SF
WC
Conversion
1:1
727 SF
727 SF
WC
Fill
2:1
526.3 SF
1,052.6 SF
WC/SA*
Fill
2:1
1,183 SF
2,366 SF
5,758 SF
10,789 SF
Wetland Total
0.1322 Ac
0.2477 Ac
*denotes mitigation from previous impact to WoUS under SAW -2013-1201
The applicant proposes to compensate for impacts for the construction of the proposed
project by offering payment into the NCDEQ-Division of Mitigation Services (DMS)
and/or private mitigation banks. In addition to impacts proposed in this application, the
applicant proposes to provide mitigation for impacts associated with the development of
the parcel south of the project area, Clemmons Town Center Apartments, LLC (SAW -
2013 -01201). Private mitigation banks, in the watershed of the proposed project, did not
have credits available at the time of the applicant's request. According to a November
14, 2016 letter issued by the NCDEQ-DMS, the required mitigation credits are now
available. A copy of the letter is included as an attachment.
At the ratios proposed, the applicant will receive 678 linear feet of stream channel credits
and 0.25 acres of wetland credits, which will exceed mitigation credit requirements.
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Essential Fish Habitat
Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps' initial determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps' permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
® No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; moreover, the undertaking may have an
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to
identify and assess any historic or prehistoric resources that may be present.
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The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps-indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
® The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑ The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
The Corps initiates consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
❑ The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central
Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so, in writing, by January 6, 2017 to:
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NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1650 Mail Service Center, Raleigh, NC 27699-1650
Or,
(Physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
❑ The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the
proposed work until the applicant submits such a certification to the Corps and
the NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification. As the application did not include the
consistency certification, the Corpswill request, upon receipt„ concurrence or
objection from the NCDCM.
® Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management (CZM)
Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
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Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, January 6, 2017. Comments should be
submitted to John Thomas, Regulatory Project Manager,Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 at (919) 554-
4884 ext 25.
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