HomeMy WebLinkAbout20151256 Ver 4_SAW-2014-02127-PN_20210204Version 6.15.2017 Page 1
PUBLIC NOTICE
Issue Date: February 2, 2021
Comment Deadline: March 4, 2021
Corps Action ID Number: SAW-2014-02127
The Wilmington District, Corps of Engineers (Corps) received an application on
January 21, 2021, from Trinity Capital Advisors (Applicant) seeking to modify the
existing Department of the Army (DA) authorization for the Hodge Road Business
Park/Eastgate 540 project, located along Spectrum Drive, in Knightdale, in Wake
County, North Carolina. The initial project was authorized by Nationwide Permit
Number 39 in February 2016 to permanently impact 0.465 acre of wetland to
construct two warehouses. Subsequently, on June 11, 2019, an additional 1.193
acres of wetlands was authorized associated with the construction of four
warehouse-style buildings and associated infrastructure, which will expire on
December 31, 2024. The Applicant requests to modify the existing DA
authorization to permanently impact an additional 0.959 acre of wetland and 23
linear feet of stream channel for the construction of an additional warehouse-
style building with the same type of supporting infrastructure as previously
authorized.
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/RegulatoryPermitProgram.aspx
Applicant: Ms. Sherrie Chaffin
Trinity Capital Advisors
440 S. Church Street, Suite 800
Charlotte, North Carolina 28202
AGENT (if applicable): Mr. Ward Marotti
Spangler Environmental, Inc.
4338 Bland Road
Raleigh, North Carolina 27609
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:
US Army Corps
Of Engineers
Wilmington District
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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)
Location
Location Description: The project site would connect to Spectrum Drive, in
Knightdale, in Wake County, North Carolina. More specifically, the project is
located adjacent to Ellen Drive and Interstate 87 (US 64/264) in Knightdale,
North Carolina.
Project Area (acres): 20.07 acres Nearest Town: Knightdale
Nearest Waterway: UT to the Neuse River River Basin: Neuse 03020201
Latitude and Longitude: 35.766143 N, -78.514751 W
Existing Site Conditions
The project area consists of undeveloped woodland and is located adjacent to
Ellen Drive and Interstate 87, in Knightdale, in Wake County, North Carolina, in
the United States (U.S.) Geologic Survey (USGS) 7.5-minute topographic
quadrangle of Raleigh-East, NC (USGS 2013), and within the Neuse River Basin,
USGS hydrologic unit 03020201, which is subject to the Neuse River buffer
regulations. A Best Usage Classification (BUC) is assigned to waters of North
Carolina based on the existing or contemplated best usage of various bodies of
water. The site contains one jurisdictional stream channel, an unnamed tributary
to the Neuse River (approximately 350 linear feet), which has a BUC of C; NSW.
The supplemental classification C designates aquatic life, secondary recreation,
and fresh water. The supplemental classification NSW designates Nutrient
Sensitive Waters which require limitations on nutrient inputs. The site also
contains one jurisdictional wetland (approximately 0.98 acre), which is classified
as a headwater forest according to the North Carolina Wetland Assessment
Method (NCWAM).
The project site is located adjacent to the previously authorized Hodge Road
Business Park, which involved the construction of six warehouse-style buildings
(1,008,000 square feet) and associated infrastructure. Implementation of the
Hodge Road Business Park has resulted in the discharge of fill material into a
total of 1.658 acres of wetland. The applicant purchased 3.316 wetland
mitigation units (WMUs) from a private mitigation bank to fulfill the mitigation
requirements, and to offset unavoidable functional loss to 1.659 acres of wetland.
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Applicant’s Stated Purpose
The purpose of the modification request, as stated by the applicant, is the
following:
The purpose of the project is to construct an industrial business park/regional
package transfer station, known as Eastgate 54 0, which has the
potential to serve multiple end users. Phase 2 is proposed to add additional
capacity to the Phase 1 project to satisfy market demand.
Project Description
The overall project involves the construction of one warehouse-style building,
totaling 159,600 square feet, a semi-truck roadway, circulation, parking and
loading infrastructure, stormwater management, and utilities. The continued
development of the site proposes to impact 0.959 acre of wetland and 23 linear
feet of stream channel. Cumulatively, the project would impact 2.617 acres of
wetland and 23 linear feet of stream channel.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid
and/or minimize impacts to the aquatic environ ment: As detailed in the plans and
alternatives analysis, the selected alternative has modified proposed grading,
added retaining walls, and reduced the location and size/amount of supporting
infrastructure to minimize impacts to the maximum extent practi cable. Similarly,
stormwater control measures have been designed to entirely avoid impacting
jurisdictional waters.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset
unavoidable functional loss to the aquatic environment: The applicant provided a
statement of mitigation credit availability from a private mitigation bank in the
amount of 2.816 wetland mitigation units. There was no specification as to the
mitigation to impact ratio.
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.
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This notice initiates the Essential Fish Habitat (EFH) consultation
requirements of the Magnuson-Stevens Fishery Conservation and
Management Act. Implementation of the proposed project would impact
(CHOOSE ALL THAT APPLY- marine substrate, estuarine substrate,
water columns, emergent wetlands, submerged aquatic vegetation,
artificial reefs, hardbottoms) (see project description) utilized by various
life stages of the following species: (CHOOSE ALL THAT APPLY –
coastal migratory pelagics, corals, golden crab, shrimp, snapper grouper,
spiny lobster, Atlantic highly migratory species). Our initial determination
is that the proposed action would not have a substantial individual or
cumulative adverse impact on EFH or fisheries managed by Fishery
Management Councils and the National Marine Fisheries Service (NMFS).
Our final determination relative to project impacts and the need for
mitigation measures is subject to review by and coordination with the
NMFS.
The Corps will consult under the Magnuson-Stevens Act and will not
make a permit decision until the consultation process is complete.
The Corps has initiated consultation the Magnuson-Stevens Act and
will not make a permit decision until the consultation process is complete.
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).
Please note, the NC SHPO provided a letter to the Corps for the adjacent,
permitted Hodge Road Business Park. The letter, dated December 5,
2017, indicated that they had conducted a review of the project and were
aware of no historic resources which would be affected by the project and
accordingly, had no comment on the project as proposed.
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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.
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-identified 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.
By copy of this public notice, the Corps initiates consultation under
Section 7 of the ESA and will not make a permit decision until the
consultation process is complete.
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Through letter dated November 22, 2017, the USFWS concurred with the
Corps determination of a may affect, not likely to adversely affect listed
species or their critical habitat (for the adjacent, permitted Hodge Road
Business Park).
According to the Information for Planning and Consultation (IPAC)
website, the following species are listed: Northern long-eared bat (Myotis
septentrionalis), Red-cockaded Woodpecker (Picoides borealis), Neuse
River waterdog (Necturus lewisi), Carolina madtom (Notorus furiosus),
Atlantic pigtoe (Fusconaia masoni), Dwarf Wedgemussel (Alasmidonta
heterodon), and Michaux’s Sumac (Rhus michauxii).
The proposed impacts would occur near the headwaters of the watershed,
in an intermittent stream and wetland complex. The project area does not
contain a mature pine-dominated forest or any maintained right-of-ways.
In addition, the proposed project does not contain suitable or critical
habitat for any of the above referenced species. Therefore, the Corps
believes the proposed project may affect but would not likely adversely
any federally listed endangered or threatened species or their formally
designated critical habitat.
The Corps will consult under Section 7 of the ESA and will not make a
permit decision until the consultation process is complete.
The Corps has initiated consultation under Section 7 of the ESA and
will not make a permit decision until the consultation process is complete.
The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical
habitat. Consultation has been completed for this type of activity and the
effects of the proposed activity have been evaluated and/or authorized by
the National Marine Fisheries Service (NMFS) in the South Atlantic
Regional Biological Opinion or its associated documents, including 7(a)(2)
& 7(d) analyses and Critical Habitat assessments. A copy of this public
notice will be sent to the NMFS.
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.
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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 applicant did not provide or satisfy all 9 elements required for a
complete 401 certification request. Therefore, the 401 Certification
process has not started. 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 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. Unless NCDWR is granted a time
review extension, a waiver will be deemed to occur if the NCDWR fails to
act on this request for certification within sixty days of the date of this
public notice. 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 February 26, 2021, to:
NCDWR Central Office
Attention: Mr. Rick Trone, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC
27699-1617
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
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Corps that it concurs with the applicant’s consistency certification. As the
application did not include the consistency certification, the Corps
will request, upon receipt,, concurrence or objection from the NCDCM.
Based upon all available information, the Corps determines th at 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 WOTUS, 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 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.
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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 rea sons for holding a public
hearing. Requests for a public hearing will 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, March 4, 2021.
Comments should be submitted to Ms. Samantha Dailey,
Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105 ,
Wake Forest, North Carolina 27587, by email at
Samantha.J.Dailey@usace.army.mil, or by phone at (919) 554-4884, ext. 22.