20221197 Ver 2_Public Notice_20230206

US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: February 16, 2023
Comment Deadline: March 17, 2023
Corps Action ID Number: SAW-2023-00219
The Wilmington District, Corps of Engineers (Corps) received an application from
Embrey Partners, LLC., seeking Department of the Army authorization to impact 750
linear feet of stream channel along with approximately 1,000 linear feet of onsite stream
relocation and enhancement activities for the construction of the 3027 North Tryon
Street Residential Development (Site), a high -density residential development and co -
working commercial space 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
Embrey Partners, LLC
Joel Albea
7600 Broadway, Suite 300
San Antonio, TX 78209
Greenman -Pedersen, Inc.
Jonathan Hinkle
1308 US — 258 N
Kinston, NC 28504
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:
7
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
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Figure 1. Location of 3027 North Tryon Street Residential Development
Location Description: The project site is on the northwest side of the intersection of N.
Tryon Street and Atando Avenue. Parcel Identification Numbers: 08502101, 08502102,
and 08502103.
Project Area (acres): -7 Nearest Town: Charlotte
Nearest Waterway: Little Sugar Creek River Basin: Santee
Latitude and Longitude: 35.252464N,-80.810705W
Existing Site Conditions
The proposed project area is located within Mecklenburg County; approximately 2.7
miles northeast of the city of Charlotte, Mecklenburg County, North Carolina, in the
United States Geologic Survey (USGS) 7.5-minute quadrangle of Derita, North Carolina
(Figure 2) and within the Lower Catawba watershed, USGS hydrologic unit 03050103.
The proposed project area consists of open areas and commercial developments and
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associated buildings, and the surrounding land use is comprised residential
developments, commercial and industrial facilities, and undeveloped lands. The North
Carolina Department of Environmental Quality (NCDEQ) has determined the proposed
project area is eligible to enter into a Brownfields Agreement in connection with the
proposed re -development of the site. The NCDEQ defines a Brownfields site as an
abandoned, idled, or underused property where the threat of environmental
contamination has hindered its redevelopment. Results of initial environmental testing
done by the applicant have confirmed the presence of contaminants within the project
area. The NCDEQ Brownfield Program will prepare a Brownsfield Agreement and
associated documents that outline mitigation measures designed to safely re -develop
the project area.
Figure 2. USGS Topographic Map
The FEMA FIRMs mapping identifies the southern approximately 5 acres of the project
area as Zone AE, According to FEMA, flood hazard areas identified on the Flood
Insurance Rate Map are identified as a Special Flood Hazard Area (SFHA). SFHA are
defined as the area that will be inundated by the flood event having a 1 % chance of
being equaled or exceeded in any given year. The 1 % annual chance flood is also
referred to as the base flood or 100-year flood. Zone AE is considered a base flood/100-
year flood area.
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.
Currently, the proposed project area contains one (1) perennial stream totaling 750
linear feet with approximately 100 linear feet of stream channel contained with two
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culverts. The onsite stream channel flows onto the project area's northwest corner,
down the western property boundary then doglegs east across the project area exiting
along the eastern project boundary (Figure 3).
Figure 3. 3027 North Tryon Street Residential Development Aquatic Features Map
Applicant's Stated Purpose
The purpose of the proposed project is to re -develop a dilapidated heavy industrial use
site into a modern high -density residential development with co -working space in the
city of Charlotte in Mecklenburg County, North Carolina.
Project Description
The applicant is proposing to construct a 403-unit, high -density, residential community
with co -working office space. The residential development is proposed to be four (4)
stories high and will consists of a parking garage designated for residents use. The
residential development will also include amenities such as co -working office space, a
swimming pool, clubhouse, outdoor cooking lounges and abundant areas of green
space and a natural stream area with walking trails. The 750-linear foot existing onsite
stream will be backfilled to utilize the space to construct the residential development
and associated amenities. In addition, the applicant proposes to relocate and/or
establish a new stream channel which will connect to the existing channel
approximately 100 feet downstream of where the existing stream enters the project area
on the western side of the property and will flow east along the northern project
boundary then turning south to continue to flow within the project area and then offsite
(Figure 4). The stream enhancement activities of will include increasing the sinuosity of
the new stream channel compared to the existing stream channel along with
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constructing riffle/pool complexes, enhanced connection to the floodplain, and planting
native vegetation along the stream banks to provide a vegetated buffer and stream bank
stabilization.
Figure 4. Proposed Layout of 3027 North Tryon Street Residential Development
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
"During the investigation of the proposed project, the team considered a
multitude of options when selecting the site and the layout of the proposed
activities to ensure the regulatory, financial, and ecological goals are met."
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Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
"Given the stream restoration portion of the project and the ecological uplift that
will bring to this watershed, Embrey would propose a total 1:1 mitigation ratio
between the Corps and NCDWR requirements based on the stream restoration,
functional Ziff, and 250 additional linear feet of stream this project would add."
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
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:
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.
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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), Rusty -
patched Bumble bee (Bombus affinis), Monarch Butterfly (Danaus plexippus),
Michaux's sumac (Rhus michauxii), Schweinitz's sunflower (Helianthus
schweinitzii), and smooth coneflower (Echinacea Iaevigata).
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
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Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
North Carolina Division of Coastal Management (NCDCM):
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).
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.
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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 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 17, 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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