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Home My WebLink About20230119 Ver 1_WRC Comments_20230313r North Carolina Wildlife Resources Commission Cameron Ingram, Executive Director Via Email 13 March 2023 Ms. Samantha Dailey U.S. Amry Corps of Engineers, Wilmington District Charlotte Regulatory Field Office 8430 University Executive Park Dr., Suite 614 Charlote, NC 28262 Ms. Jennifer Robertson Atlas Environmental 338 S. Sharon Amity Road, #411 Charlotte, NC 28211 SUBJECT: Public Notice Comments for the Individual Permit Application for the Skyway Logistics Park, 2928 Shopton Road, Charlotte, Mecklenburg County, North Carolina. USACE Action ID: SAW-2019-00292; DEQ No. 20230119v1. Dear Mses. Dailey and Robertson, Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject document. Comments are provided in accordance with provisions of the Clean Water Act of 1977 (as amended) and Fish and Wildlife Coordination Act Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). On behalf of EastGroup Properties Inc. (applicant), Atlas Environmental has submitted an Individual Permit (IP) application for the Skyway Logistics Park located at 2928 Shopton Road in Charlotte, Mecklenburg County, North Carolina. The proposed project is Phase 2 of a commercial development and will involve permanent impacts to 557 linear feet of streams and 0.9737 acre of wetlands. Coffey Creek and its unnamed tributaries flow through the site. Coffey Creek in the Catawba River Basin is classified as a Class C stream by the NC Division of Water Resources. The applicant is proposed to Permittee Responsible Mitigation for 1395 linear feet of streams and 0.498 acre of wetland, and the remaining mitigation credits will be purchased from the NC Division of Mitigation Services, which will need to use the Catawba 03 Expanded Service Area to meet the mitigation requirements. NCWRC has the following comments and recommendations: Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 13 March 2023 Skyway Logistics Parkway IP USACE Action ID: SAW-2019-00491 Page 2 NCWRC Comments 1. NCWRC has concerns for the large amounts of impacts to aquatic resources, especially since it will require mitigation in the Catawba 03 Expanded Service Area. We recommend the applicant further reduce impacts. One option is to use an underground stormwater detention system to allow more space for design layout changes to reduce impacts. 2. We would like to see a mitigation plan for the Permittee Responsible Mitigation, which should include a planting and monitoring plan. Many of the bare root and gallon plants are not native to the Piedmont, specifically Mecklenburg County. We recommend a plant list that consists of species typically found in reference streams in Mecklenburg County and the appropriate natural vegetation community, as described by M.P. Schafale in The Guide to the Natural Communities of North Carolina, Fourth Approximation (https://www.ncnhp.org/references/nhp- publications/fourth-approximation-descriptions). 3. Furthermore, non-native plants should not be used for seeding disturbed areas. Specifically, avoid using Bermudagrass, redtop, tall fescue, and lespedeza, which are invasive and/or non-native. A list of alternatives to non-native species has been attached. Alternatively, use a grain, such as oats, wheat, or rye for temporary cover and native seed mixes for permeant seeding. We recommend planting native, wildflower seed mixes that will create pollinator habitat within the project boundary. 4. The IP states that the project will have no effects on physical or chemical characteristics of an aquatic system. However, placing fill in aquatic resources can alter hydrology, result in significant negative impacts to downstream areas, and eliminate aquatic and terrestrial wildlife habitat. Additional impervious surface results in an increase in stormwater runoff that can exert significant impacts on stream morphology. This will cause further degradation of aquatic habitat through accelerated stream bank erosion, channel and bedload changes, altered substrates, and scouring of the stream channel. In addition, pollutants (e.g., sediment, heavy metals, pesticides, and fertilizers) washed from developed landscapes can adversely affect and extirpate species downstream. 5. Headwater streams can significantly reduce nutrient export to rivers (Alexander et al. 2000; Peterson et al. 2001) and the condition of the stream in the lower reaches is closely dependent on the condition in the headwaters (Vannote et al. 1980). Furthermore, placing fill in aquatic resources can alter hydrology, result in significant negative impacts to downstream areas, and eliminate aquatic and terrestrial wildlife habitat. Protecting headwater streams and their buffers are important to protect water quality, reduce sedimentation, and provide aquatic habitat. The NC Department of Environmental Quality Study of the State's Riparian Buffer Protection Program document (https://webservices.ncleg.gov/ViewDocSiteFile/19092) states that a minimum 50-foot buffer is required on intermittent and small perennials streams for bank stabilization, water temperature moderation, nitrogen removal and sediment (phosphorus) removal. 6. The applicant offers to include buffers around all aquatic resources as an additional avoidance and minimization measure and states buffer enhancement includes natural or planted buffers ranging from 30 to 100 feet. NCWRC recommends maintaining a minimum 100-foot native, undisturbed forested buffer along each side of perennial streams and 50-foot native, undisturbed forested buffer along each side of intermittent streams and wetlands. 7. Avoid tree clearing activities during the maternity roosting season for bats (May 15 — August 15) due to the decline of tree roosting bat species, such as the state endangered and federally proposed endangered tricolored bat (Perimyotis subflavus). 8. Construction practices that completely clear and grade the landscape are extremely harmful to water quality, and terrestrial and aquatic wildlife resources. We recommend not clearing the entire site, but rather maintaining the maximum amount of native vegetation and soil as possible. We suggest having the site logged or repurposing the wood instead of burning the cleared trees. 13 March 2023 Skyway Logistics Parkway IP USACE Action ID: SAW-2019-00491 Page 3 NCWRC Comments 9. Stringent sediment and erosion control measures should be implemented and installed prior to any land -disturbing activity. Incorporate the following elements into erosion and sediment control plans- minimize clearing and grading, protect waterways, phase construction for larger construction sites (>25 acres), stabilize soils as rapidly as possible (<2 weeks), protect steep slopes, establish appropriate perimeter controls, employ advanced settling devices, implement a certified contractors program, and regularly inspect erosion control measures. Ensure all silt fencing is removed once vegetation has reestablished and soils have stabilized. 10. Erosion control matting made of plastic mesh or twine should not be used within the project area because it can injury or kill wildlife. Thank you for the opportunity to provide input for this project. If I can provide further assistance, please call (919) 707-0364 or email olivia.munzer@ncwildlife.org. Sincerely, Olivia Munzer Western Piedmont Habitat Conservation Coordinator Habitat Conservation Program ec: Sue Homewood, NCDWR Andrew Pitner, NCDWR Literature Cited Alexander, R. B., R. A. Smith, and G. E. Schwarz. 2000. Effect of stream channel size on the delivery of nitrogen to Gulf of Mexico. Nature 403:758-761. Peterson, B. J., W. M. Wollheim, P. J. Mulholland, J. R. Webster, J. L. Meyer, J. L. Tank, E. Marti, W. B. Bowden, H. M. Valett, A. E. Hershey, W. H. McDowell, W. K. Dodds, S. K. Hamilton, S. Gregory, and D. D. Morrall. 2001. Control of nitrogen export from watersheds by headwater streams. Science 292:86-90. Vannote, R. L., G. W. Mineshell, K. W. Cummins, J R Sedell, and C. E. Cushings. 1980. The river continuum concept. Canadian Journal of Fisheries and Aquatic Sciences 37:130-137. RECOMMENDED NATIVE ALTERNATIVES FOR NON-NATIVE GRASSES IN NORTH CAROLINA** (Species are appropriate for all geographic regions unless otherwise indicated) NON-NATIVE SPECIES NATIVE SPECIES Crownvetch Centipede Bermuda Big bluestem Little bluestem Indiangrass Switchgrass Beaked panicgrass Purpletop Roundheaded bushclover Deer tongue Sensitive partridge pea Partridge pea Andropogon gerardii Schizachyrium scoparium Sorghastrum nutans Panicum virgatum Panicum anceps Tridens flavus Lespedeza capitata Dicanthelium clandestinum Chamaecrista nictitans Chamaecrista fasciculata Kentucky bluegrass Tall fescue Sudangrass Big bluestem Little bluestem Indiangrass Switchgrass Beaked panicgrass Purpletop Broomsedge Deer tongue Canadian wildrye Virginia wildrye Sensitive partridge pea Partridge pea Andropogon gerardii Schizachyrium scoparium Sorghastrum nutans Panicum virgatum Panicum anceps Tridens flavus Andropogon virginicus Dicanthelium clandestinum Elymus canadensis Elymus virginicus Chamaecrista nictitans Chamaecrista fasciculata Sericea lespedeza Kobe lespedeza Switchgrass Splitbeard bluestem Beggarlice Deer tongue Sensitive partridge pea Partridge pea Panicum virgatum Andropogon ternarius Desmodium spp. Dicanthelium clandestinum Chamaecrista nictitans Chamaecrista fasciculata NC Native Plant Recommendations **A recommended revegetation/stabilization mix would ideally include a combination of the species listed in this table. In addition, please note that additional consideration may be needed in areas that are (highly) erodible and/or have sloped terrain. The following species could be included in all regions for additional stabilization and wildlife benefit: Black-eyed susan: Plains coreopsis: Lance -leaved coreopsis: Narrow -leaved sunflower: Created October 2018 Rudbeckia hirta Coreopsis tinctoria Coreopsis lanceolata Helianthus angustifolius