20230119 Ver 1_Public Notice_20230208

US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: February 8, 2023
Comment Deadline: March 13, 2023 Corps
Action ID Number: SAW-2019-00292
The Wilmington District, Corps of Engineers (Corps) received an application from
EastGroup Properties, Inc., seeking Department of the Army authorization to impact 557
linear feet of stream channel, 0.974 acre of wetlands, and 0.06 acre of open water along
with 1,217 linear feet of onsite stream restoration for the construction of the Skyway
Logistics Park (Site) industrial distribution/warehouse logistics center in Mecklenburg
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:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant:
Agent:
Authority
EastGroup Properties, Inc.
Ron Coffey
3495 Piedmont Road NE, Building 11, Suite 350
Atlanta, GA 30305
Atlas Environmental, Inc.
Jennifer Robertson
338 S. Sharon Amity Road, #411
Charlotte, NC 28211
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:
y 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
Figure 1. Location of Skyway Logistics Park
Location Description: The project site is located on the north side of Shopton Road;
approximately 0.85 miles west of the intersection of Shopton Road and Beam Road.
Parcel Identification Numbers: 17107125 (partial), 14107126, 14107121, 14107104,
14124107 (partial), 1410716, 14107122, 14107123, and 14107109 (partial).
Project Area (acres): 118 Nearest Town: Charlotte
Nearest Waterway: Coffey Creek River Basin: Santee
Latitude and Longitude: 35.16645N,-80.93548W
Existing Site Conditions
The proposed project area is located within Mecklenburg County; approximately 8.3
miles southwest of the city of Charlotte, Mecklenburg County, North Carolina, in the
United States Geologic Survey (USGS) 7.5-minute quadrangle of Charlotte West, North
Carolina (Figure 2) and within the Lower Catawba watershed, USGS hydrologic unit
03050103. The proposed project area consists of undeveloped forested lands,
agricultural fields, and one single-family resident and the surrounding land use is
comprised of undeveloped forested lands, residential developments, commercial and
industrial facilities, agricultural fields, and single-family homesites.
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Figure 2. USGS Topographic Map
The FEMA FIRMs mapping identifies much of the eastern, southeastern, and
northeastern sections of the project area as Zone X, an area outside the 100-year and
500-year floodplains with a portion of the eastern border as Zone AE.
The EcoRegion Map of North Carolina indicates that the site is in the Southern Outer
Piedmont (45b) of the Piedmont Physiographic Province. The landform class consists of
mostly irregular plains rather that the plains with hills as see in the Southern Inner
Piedmont and the Carolina Slate Belt. Gneiss, schist, and granite are typical rock types,
covered with deep saprolite and mostly red, clayey subsoils. Kanhapludults are
common soils, such as Cecil, Appling, and Madison series. Some areas within the
region have more alkaline soils such as Iredell series.
In October 2020, the Corps issued a Preliminary Jurisdictional Determination which
identified 5,806 linear feet of stream channel, 17.7 acres of wetlands and 4.13 acres of
open water of man-made ponds. Open Water Ponds 1 and 3 were subsequently
drained in January 2022 to be restored back to the area's natural conditions. A revised
Preliminary Jurisdictional Determination request application has been submitted along
with the Standard Permit application, as site conditions have re-established natural
conditions with the removal of the man-made ponds and additional potential
jurisdictional wetlands have re -appeared in the relic pond areas.
Currently, the proposed project area contains six (6) streams (i.e., 5 perennial and 1
intermittent) totaling 6,903 linear feet, ten (10) wetlands (i.e., 7 forested wetland and 3
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emergent wetlands) totaling 20.26 acres and one (1) open water totaling 0.06 acres
(Figure 3).
Aquatic Resource Sketch Map
Legend
Review Area
Meck. Co. Parcels
® Streets
Delineation
NM Perennial
F Intermittent
Wetland
Pond
NC One Map Aerial Imagery
Figure 3. Skyway Logistics Park Delineation Map
Applicant's Stated Purpose
The purpose of the proposed project is to construct a high -quality, light industrial center
to support high -volume logistics for warehouse and distribution facilities that supply
goods and services to transportation hubs in the city of Charlotte in Mecklenburg
County, North Carolina.
Project Description
Phase 1 of the proposed project was issued multiple Nationwide Permits (i.e.,
Nationwide Permit 39 and Nationwide Permit 58) under Corps Action ID SAW-2020-
01723 on January 12, 2022, to facilitate the construction of an industrial site which was
authorized to permanently impact 339 linear feet of stream channel and 0.007 acre of
wetlands along with the permanent conversion of 0.062 acre of forested wetlands to
emergent wetlands. In addition to the permanent stream and wetland impacts, Phase 1
of the project also proposed to temporary impact 60 linear feet of stream channel. In
June 2022, the applicant submitted a Nationwide Permit modification request to reduce
the amount of permanent stream impacts to 115 linear feet and 0.062 acre of wetland.
The Corps issued the modified Nationwide Permits 39 and 58 on June 10, 2022.
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Phase 2 of the proposed project would involve constructing five (5) warehouse and
distribution buildings, along with associated infrastructure (i.e., access roads, and
parking lots) and stormwater management facilities. Specifically, the site plan includes a
total of 796,000 square feet of warehouse space in five buildings, 899 automobile
parking spaces and 87 truck (tractor -trailer) parking spaces. Implementation of the
proposed project would permanently impact 557 linear feet of stream channel, 0.974
acre of wetlands, and 0.06 acre of open water along with 1,217 linear feet of onsite
stream restoration. Phase 2 permanent impacts would be considered cumulative with
the already approved Phase 1 permanent impacts.
Cumulatively, the proposed project would permanently impact 672 linear feet of stream
channel, 1.04 acre(s) of wetland, and 0.06 acre of open water, and permanently convert
0.062 acre of wetland.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
The Standard Permit application stated the applicant has proposed to restore
1,395 linear feet of stream in three reaches and proposes to purchase stream
and/or wetland credits through North Carolina Department of Mitigation Services'
in -lieu fee program for the permanent impacts of 557 linear feet of stream
channel and 0.974 acres of wetland that result in the loss of waters of the United
States. In addition, the applicant proposes to include buffers around all aquatic
resources. Buffer enhancement includes natural or planted buffers ranging from
30 to 100 feet (at a minimum) depending on local ordinance. Buffer areas will be
plainly marked before, during, and after any construction activities to ensure that
no encroachment occurs. Also, sediment and erosion control measures will be
implemented site wide.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
Phase 1: In the modified Nationwide Permits 39 and 58 issued in June 2022 for Phase
1 of the proposed project, the Corps determined the applicant needed to purchase 460
stream mitigation units (SMUs) and 0.25 acre of wetland mitigation units (WMUs) from
the North Carolina Department of Mitigation Services (NCDMS) (specifically NCDMS
03050103 Expanded Service Area mitigation site). The SMUs and WMUs for Phase I
were purchased from the NCDMS on June 17, 2022.
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Phase 2: The applicant has chosen to restore 1,217 linear feet of stream channel on -
site and proposed to purchase 1,114 SMUs and 2.15 WMUs from the NCDMS to offset
the unavoidable loss of aquatic resources associated with Phase 2 (Table 1).
Table 1. Applicant's Mitigation Proposal for Phase 2
Aquatic Feature
Impacted
Reason for
Impact
Applicant
Proposed
Mitigation Ratio
Impact Amount
Proposed
Credits to be
Purchased
Stream Impacts
Stream CH300
Grading/Fill
2:1
130 linear feet
260 linear feet of
stream credits
Stream CH500
Grading/Fill
2:1
427 linear feet
854 linear feet of
stream credits
Stream CH100
Stream
Restoration
N/A
801 linear feet
N/A
Stream CH200
53 linear feet
Stream CH300
363 linear feet
Wetland Impacts
Wetland WL1100
Grading/Fill
2:1
0.071 acre
0.142 acre of
wetland credits
Wetland WL3000
2:1
0.275 acre
0.55 acre of
wetland credits
Wetland WL3100
4:1
0.0997 acre
0.399 acre of
wetland credits
Wetland WL5100
2:1
0.001 acre
0.002 acre of
wetland credits
Wetland WL5200
2:1
0.527 acre
1.054 acres of
wetland credits
Wetland WL1100
Construction
Access
(temporary)
N/A
0.498 acre
N/A
Open Water Impacts
Open Water 1
Drained
N/A
0.060 acres
N/A
Essential Fish Habitat
The Corps' 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.
7
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 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.
Cultural Resources
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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:
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). In a letter dated August 18, 2021, the North Carolina
Department of Natural and Cultural Resources, State Historic Preservation Office
(SHPO) stated "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." Reference ER 21-1635
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:
7
The Corps determines that the proposed project
may affect, not likely to adversely affect federally listed endangered or threatened
species or their formally designated critical habitat.
7
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.
According to the Information for Planning and Consultation (IPAC) website, the
following species are listed: Tricolored Bat (Perimyotis subflavus), Monarch
Butterfly (Danaus plexippus), Michaux's sumac (Rhus michauxii), Schweinitz's
sunflower (Helianthus schweinitzii), and smooth coneflower (Echinacea
laevigata).
In a letter dated March 13, 2019, the U.S. Fish and Wildlife Service (USFWS)
stated "the project site contains potential suitable habitat for the Northern Long-
eared Bat which is currently federally listed as a threatened species. The clearing
of trees for construction of the project, staging areas, etc. could impact suitable
maternity roost trees for the Northern Long-eared Bats. The nearest known
record for this species is about 45 miles from the project site. According to the
new 4(d) rule implemented for the listing of the Northern Long-eared Bat, a
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cutting moratorium of June 1 through July 31 is recommended within areas of
habitat for this species. We could concur with a not likely to adversely affect
determination if tree clearing activities are conducted outside the recommended
June 1 through July 31 moratorium. Further, we do not believe the project site
contains suitable habitat for any other federally listed species known to occur in
Mecklenburg County."
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):
7
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 120 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 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 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):
7
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).
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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.
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 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 13, 2023. Comments should
be submitted to Mr. Bryan Roden -Reynolds, Charlotte Regulatory Field Office,
8430 University Executive Park Drive, Suite 615, Charlotte, North Carolina 28262, at
[phone]. Comments may also be submitted to
[e-mail] or [e-mail].
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