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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: February 23, 2007
Comment Deadline: March 26, 2007
Corps Action ID #: SAW 2007 00656 234
The Wilmington District, Corps of Engineers (Corps) has received an application from
Joseph P. Tanneberger seeking Department of the Army authorization to impact
approximately 2.78 acres of wetlands and 773 linear feet of stream channels of the
jurisdictional waters of Johnson Creek associated with the proposed construction of the
Clemmons Town Center commercial /retail facilities located off of Lewisville-
Clemmons Road northwest of the intersection with I-40, north of Clemmons, in Forsyth
County, North Carolina. The project also includes temporary jurisdictional waters
impacts of 121inear feet of stream channels and 0.07 acre of wetlands associated with a
sewer line connector.
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 www.saw.usace.army.mil/wetlands
Applicant: Mr. Joseph P. Tanneberger
101 West Worthington Ave., Suite 204
Charlotte, NC 28203
AGENT: Mr. Matthew O'Brien ~` `- ~ "~-~ ~' ~-'
Y.r :.:
Environmental Services, Inc. ~ ~, ,~ ~ ~
3661 Alamance Road U '•~~~
Burlington, NC 27215
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Authority
The Corps will evaluate this application and decide whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean
Water Act.
Location
The proposed project site is located off of 2400 Lewisville-Clemmons Road northwest of
the intersection with I-40, north of Clemmons, in Forsyth County, North Carolina.
Coordinates (in decimal degrees) for the site are 36.0359010 north, 80.3891998 west.
The site is adjacent to Johnson Creek in the Yadkin River Basin (8-Digit Cataloging Unit
03040101).
Existing Site Conditions
General land use in the vicinity of the proposed project property consists of existing
commercial retail and restaurant businesses. The project impact area is an abandoned
home residence. The house on the property has been demolished and two ponds on the
property have had their dams breeched and the ponds drained. With the exception of the
two drained ponds, the proposed project site is mostly forested with loblolly pine (Pinus
taeda), red maple (Ater rubrum) and sweet gum (Liquidambar styraciflua) and
understory vegetation consisting of Chinese privet (Ligustrum sinense) and Japanese
honeysuckle (Lonicera japonica). One jurisdictional stream is present within the project
site's boundaries, Johnson Creek. The stream channel has been degraded by the ponds
and the recent draining of the ponds. The stream channel and adjacent wetlands to the
stream channel also have been degraded by the surrounding urban and high density
commercial land use. Household trash litters the greatly incised and unstable stream
channel.
Applicant's Stated Purpose
As stated by the applicant, the purpose of the project is to develop this tract for
commercial retail operations. The site is located at a major interstate highway
interchange in an area of rapid demographic growth and is zoned appropriately for the
proposed purpose.
Project Description
The applicant proposes the development of this tract for commercial retail operations.
The site is located at a major interchange in an area of rapid demographic growth and is
zoned appropriately for the proposed purpose. Two ponds located in the center of the
tract have been breached and drained. These two pond basins have largely re-established
as either stream channels with associated riparian wetlands or linear wetlands. The
perennial stream channel originating just above one of the drained ponds flows southward
at the base of the steep western slope before entering into an off-site downstream lake.
Two draws east of the perennial stream channel have intermittent stream channels and/or
linear wetlands which confluence with the perennial stream channel. With reference to
the attached project plans the following proposed jurisdictional impacts associated with
the project have been identified:
Stream Impact #1 (531 linear feet of stream channel) and Wetland Impact #4
(0.08 acre) are shown on Sheet S. These impacts would result from fill and grading
activities necessary for the construction of parking areas and building pads.
2
Steam Impact #2 (1391inear feet of stream channel) is shown on Sheet 6. This
impact would result from a culvert installation and grading for a road crossing necessary
to access the southern portion of the tract. The proposed design incorporates headwalls,
both upstream and down stream, and a riprap energy dissipater.
Stream Impact #3 (103 linear feet of stream channel) and Wetland Impact #3
(0.48 acre) are depicted on Sheets 7 and 4. These impacts would result from a culvert
installation and grading for a road crossing necessary to access the western portion of the
tract. The proposed design incorporates a downstream headwall and a riprap energy
dissipater.
Stream Impact #4 (12 linear feet of stream channel, tem orar and Wetland
Impact #5 (0.007 acre, tem orar are shown on Sheet 8. These impacts would result
from installation of a sewer connector that is necessary to connect the proposed
development to the area municipal wastewater system.
Wetland Impact #1 (1.51. acres) is depicted on Sheet 2. This impact would result
from fill and grading activities necessary for the construction of parking areas and
building pads.
Wetland Impact #2 (0. 69 acre) is depicted on Sheet 3. This impact would result
from excavation and grading impacts activities necessary for the construction of a
stormwater management pond.
Total jurisdictional impacts associated with the proposed project tota12.78 acres of
wetlands and 7731inear feet of stream channels. The project also includes temporary
jurisdictional impacts of 12 linear feet of stream channels and 0.07 acre of wetlands
associated with a sewer line connector.
The applicant did not propose any mitigation for the referenced impacts to the
jurisdictional waters associated with the project.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Cazolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regazding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
March 19, 2007.
3
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has 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 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. A final determination on
the effects of the proposed project will be made upon additional review of the project and
completion of any necessary biological assessment and/or consultation with the U.S. Fish
and Wildlife Service."
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
4
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.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate 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.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm, March 26, 2007. Comments
should be submitted to John Thomas, Raleigh Regulatory Field Office, 6508 Falls of the
Neuse Road, Suite 120, Raleigh, NC 27615.
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SURFACE AREA STREAM IMPACTS VOLUME IMPACT
SHEET 2 OF 11 65,945 SF N/A
SHEET 3 OF 11 30,289 SF N/A
SHEET 4 OF 11 20,736 SF SEE SHEET #7
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SHEET 6 OF 11 139 LF SEE SHEET #9
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SHEET 8 OF 11 3,088 SF TEMPORARY 12 LF TEMPORARY N/A
SHEET 9 OF 11 978,021 CF
SHEET 10 OF 11 48,249 CF
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