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Home My WebLink About20151256 Ver 4_SAW-2014-02127 Public Notice Agency Comments_202103221 Dailey, Samantha J CIV USARMY CESAW (USA) From:Bowers, Todd <bowers.todd@epa.gov> Sent:Tuesday, February 02, 2021 11:16 AM To:Dailey, Samantha J CIV USARMY CESAW (USA) Subject:[Non-DoD Source] Public Notice SAW-2014-02127 agency comments and recommendations (revised) Sam, The EPA Region 4 Oceans, Wetlands and Streams Protection Branch has received the Public Notice (PN) under DA# SAW‐ 2014‐02127, dated February 2, 2021, for a project named Hodge Road – Eastgate 540 located in Wake County, NC. Per the PN, previously authorized impacts under NWP 39 (SAW‐2014‐02127) associated with the Hodge Road Business Park project (Phase 1) included a total of 1.658 acres of impact to jurisdictional wetlands. The applicant, Trinity Capital Advisors/Sherrie Chaffin, purchased a total of 3.316 wetland mitigation units from a private mitigation bank to provide compensatory offsets for the unavoidable authorized impacts. This site is located adjacent to the Phase 2 portion of the site which the applicant is now seeking a new authorization (Individual Permit PN) to impact 0.959 acres of jurisdictional wetlands and 23 linear feet of jurisdictional stream for a similar infrastructure project. This project is not water dependent and alternatives to impacts associated with waters of the US are assumed. According to the PN, the applicant’s plan for compensatory mitigation to offset jurisdictional impacts associated with the new authorization is vague and incomplete. According to the PN, the applicant provided a statement of mitigation credit availability from a private mitigation bank in the amount of 2.816 wetland mitigation units with no specification as to the mitigation to impact ratio. This statement would seem to indicate that there is more than ample availability to provide replacement of the 0.959 acres of impact at a 2:1 ratio. However, EPA recommends that the applicant provide a statement that they will purchase 2.0 WMU from an approved mitigation source, to offset the 0.959 acres of impact to jurisdictional wetlands as this will adequately offset the loss of 0.98 acres of impact; the total amount of wetland on‐site for the Phase 2 expansion of the project. Without more information, such as an alternatives analysis or avoidance and minimization plan, it appears that the entire 0.98 acres of wetland will be lost due to site development. Based on the wording of the PN, it appears that the applicant may desire to offset the new impacts with previously purchased wetland mitigation credit and I cannot concur with such a request as those purchased credits were used exclusively for previously authorized impacts. As previously stated, EPA recommends that the applicant purchase 2.0 WMU from an approved mitigation source to offset the impacts incurred by Phase 2 of the applicant’s project unless further avoidance of impacts can be achieved to meet the project purpose. I recommend that the applicant provide relevant information to support or refute my recommendations above so that the project 404(b)(1) guidelines analysis may proceed in a timely manner and reduce delays in authorization. 2 Thank you for the opportunity to provide feedback and comments for the Public Notice associated with SAW‐2014‐ 02127. If you have any questions or need further information, please do not hesitate to contact me via phone or email. Best Regards, Todd Bowers ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ The current notice involves: Corps Action ID#: SAW‐2014‐02127 Applicant: Ms. Sherrie Chaffin (Trinity Capital Advisors) AGENT: Mr. Ward Marotti (Spangler Environmental, Inc) Project Name: Hodge Road‐Eastgate 540 (Wake County) Issue Date: 02 February 2021 Expiration Date: 04 March 2021 Point of Contact: Samantha Dailey Project Description: 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. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Todd Allen Bowers 3 US EPA Region 4 Oceans, Wetlands and Streams Protection Branch 61 Forsyth St. SW Atlanta, GA 30303 404.562.9225 Bowers.todd@epa.gov <mailto:Bowers.todd@epa.gov> Note: I am currently teleworking and away from the office. Please contact me via email or at 919.523.2637. 1 Dailey, Samantha J CIV USARMY CESAW (USA) From:Pace Wilber - NOAA Federal <pace.wilber@noaa.gov> Sent:Thursday, February 04, 2021 8:42 PM To:Dailey, Samantha J CIV USARMY CESAW (USA) Cc:Fritz Rohde - NOAA Federal; Twyla Cheatwood - NOAA Federal Subject:[Non-DoD Source] NMFS no staff response Re: US Army Corps of Engineers Public Notice SAW-2014-02127 Hodge Road-Eastgate 540 (Wake County) NOAA’s National Marine Fisheries Service (NMFS) reviewed the project described in public notice SAW‐2014‐02127, dated February 2, 2021. Based on the information in the public notice, we confirm the District's determination that the proposed work would NOT occur in the vicinity of essential fish habitat (EFH) designated by the South Atlantic Fishery Management Council, Mid‐Atlantic Fishery Management Council, or the NMFS. Present staffing levels preclude further analysis of the proposed work and no further action is planned. This position is neither supportive of nor in opposition to authorization of the proposed work. If further coordination on this action is needed, please contact Twyla.Cheatwood@noaa.gov <mailto:Twyla.Cheatwood@noaa.gov> . On Tue, Feb 2, 2021 at 6:49 AM Thames, Joyce A CIV USARMY CESAW (USA) <Joyce.A.Thames@usace.army.mil <mailto:Joyce.A.Thames@usace.army.mil> > wrote: As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home Page. Each Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download at http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx <Blockedhttp://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx> The current notice involves: Corps Action ID#: SAW‐2014‐02127 Applicant: Ms. Sherrie Chaffin (Trinity Capital Advisors) AGENT: Mr. Ward Marotti (Spangler Environmental, Inc) Project Name: Hodge Road‐Eastgate 540 (Wake County) Issue Date: 02 February 2021 Expiration Date: 04 March 2021 Point of Contact: Samantha Dailey Project Description: 2 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. ‐‐ Pace Wilber, Ph.D. HCD Atlantic Branch Supervisor NOAA Fisheries Service 331 Ft Johnson Road Charleston, SC 29412 843‐460‐9926 <‐‐‐‐Office Number 843‐568‐4184 <‐‐‐‐Office Cell Number Pace.Wilber@noaa.gov <mailto:Pace.Wilber@noaa.gov> North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 February 17, 2021 Samantha Dailey Samantha.J.Dailey@usace.army.mil U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Re: Hodge Road Business Park, 2309 Hodge Road, Knightdale, Wake County, ER 07-2110 Dear Ms. Dailey: Thank you for your email of February 2, 2021, regarding the above-referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer March 2, 2021 Samantha Dailey U.S. Army Corps of Engineers, Wilmington District Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: Trinity Capital Advisors (Hodge Rd. Business Park/Eastgate 540) / SAW-2014-02127/ Wake Co. Dear Ms. Dailey: The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above referenced Public Notice. The project, as advertised in the Public Notice, is expected to have minimal adverse impacts to fish and wildlife resources. Therefore, we have no objection to the activity as described in the permit application. In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the information provided, and other available information, it appears the action is not likely to adversely affect federally listed species or their critical habitat as defined by the ESA. We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied f or this project. Please remember that obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is mod ified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. For your convenience a list of all federally protected endangered and threatened speci es in North Carolina is now available on our website at <http://www.fws.gov/raleigh>. Our web page contains a complete and updated list of federally protected species, and a list of federal species of concern known to occur in each county in North Carolin a. The Service appreciates the opportunity to review and provide comments on the proposed action. Should you have any questions regarding the project, please contact John Ellis at (919) 856-4520, extension 26. Sincerely, Pete Benjamin, Field Supervisor cc: NMFS, Beaufort, NC EPA, Atlanta, GA WRC, Raleigh