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HomeMy WebLinkAbout20230058 Ver 2_Dickens Road NWP 39 compressed_20230414 April 12, 2023 US Army Corps of Engineers NC Division of Water Resources Raleigh Regulatory Field Office 401 and Buffer Permitting Unit Attn: Lyle Phillips Attn: Mr. Paul Wojoski 3331 Heritage Trade Drive, Suite 105 1617 Mail Service Center Wake Forest, NC 27587 Raleigh, North Carolina 27699-1617 Re: Dickens Road +/- 41.93 acres 200 Dickens Road Fuquay-Varina, NC 27526 Nationwide Permit 39 Verification Request Lyle and Paul, The applicant, Jim Adams of GMR Holdings, LLC, is requesting approval of the enclosed nationwide permit 39 verification package for unavoidable impacts to potential waters of the United States. Atlas Environmental staff completed the delineation on May 10, 2022 and assessed the presence of one perennial channel, two wetlands, and one pond. The project purpose is for the construction of an industrial development consisting of three buildings, employee parking, commercial vehicle parking, stormwater treatment, and additional necessary infrastructure and utilities. The site has been designed and engineered to avoid and minimize impacts to the greatest extent possible. All stream and open water features are being avoided. Impacts to aquatic resources associated with the development include one permanent wetland impact and one temporary wetland impact. Impact W1 (~ 0.490 Ac) is permanent wetland fill to WL 1100 and is for road/driveway construction around building 2 and building 3. Impact W1 impacts extends slightly beyond the retaining wall to the limit of disturbance. The retaining wall is approximately 510 feet long and has reduced impacts associated with impact W1. Enclosed are the necessary nationwide permit 39 verification documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, Jennifer L Robertson, President JRobertson@atlasenvi.com Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte Jim Adams Jim Adams jadams@wajmanagement.com (919)349-9844 200 Carpathian Way (919)349-9844 jadams@wajmanagement.com Applicant is Owner Applicant is Owner Applicant is Owner Applicant is Owner Applicant is Owner Applicant is Owner Applicant is Owner Applicant is Owner Applicant is Owner Jennifer Robertson jrobertson@atlasenvi.com Sfubjojoh!Xbmm Jnqbdu!X2; Qfsnbofou XM!2211;!!1/5:1!Bd Sfubjojoh!Xbmm Tlfudi!Nbq!qspwjefe!gps!jmmvtusbujwf!qvsqptft!boeqsfmjnjobsz!qmboojoh!pomz/!!Opu!joufoefe!up!cf!sfmjfe!vqpogps!fybdu!mpdbujpo-!ejnfotjpo-!ps!psjfoubujpo/!!Bmm!gjoejohtboe!bttfttnfout!bsf!tvckfdu!up!w fsjgjdbujpo!gspn!uifBsnz!Dpsqt!pg!Fohjoffst-!!OD!Ejwjtjpo!pg!XbufsSftpvsdft-!!boe0ps!puifs!bqqspqsjbuf!mpdbm!bvuipsjujft/!Ep!opu!sfqspevdf!nbq!tfu!fydfqu!jo!jut!foujsfuz/ Efubjm!2;!Qbhf!4 For: GMR Holdings, LLC Attn: Jim Adams 1a Qbhf!2!pg!4 Jnqpvoenfou Potential WetlandPond 100: ~3.315 Ac. Bcvuujoh!Xfumboe! Potential Non-wetland WL 1000: ~0.617 Ac.XM!2111;!1/728!Bd/ Qpoe!211;!4/426!Bd/ Bcvuujoh!Xfumboe Potential Wetland WL 1100: ~1.330 Ac. XM!2211;!2/441!Bd/ For: GMR Holdings, LLC Attn: Jim Adams Qfsfoojbm!.!SQX Potential Non-wetland 1c CH 100: ~99 LF, 0.007 Ac. DI!211;!!::!MG-!1/118!Bd/ Detail: 1 Qbhf!4!pg!4 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D. July 12, 2022 Layla Tallent ltallent@atlasenvi.com ATLAS Environmental, Inc. 338 South Sharon Amity Road #411 Charlotte, NC 28211 Re: Construct three industrial buildings, 200 Dickens Road, Fuquay-Varina, Wake County, ER 22-1522 Dear Ms. Tallent: Thank you for your email of May 24, 2022, 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 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 July 14, 2022 Jennifer Robertson ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, NC 28211 Re: Dickens Road Wake County Dear Mrs. Robertson: This letter is to inform you that the Service has established an on-line project planning and consultation process which assists developers and consultants in determining whether a federally-listed species or designated critical habitat may be affected by a proposed project. For roject planning website at https://www.fws.gov/office/eastern-north-carolina/project-planning-and-consultation. If you are only searching for a list of species that may be presen n, Planning, and Consultation System (IPaC) website to determine if any listed, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed at https://ipac.ecosphere.fws.gov/. The IPaC web site contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as 1 amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern that are known to occur in each county in North Carolina, and other resources. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, ensure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally-protected species list, information on the specinformation on completing a biological assessmentor Њ ŷĻ ƭƦĻĭźĻƭ Ǟŷźĭŷ ƷŷĻ {ĻƩǝźĭĻ ĬĻƌźĻǝĻƭ ƒźŭŷƷ ĬĻ źƓ ƓĻĻķ ƚŅ ĭƚƓĭĻƓƷƩğƷĻķ ĭƚƓƭĻƩǝğƷźƚƓ ğĭƷźƚƓƭ͵ CĻķĻƩğƌ ƭƦĻĭźĻƭ ƚŅ ĭƚƓĭĻƩƓ ƩĻĭĻźǝĻ Ɠƚ ƌĻŭğƌ ƦƩƚƷĻĭƷźƚƓ ğƓķ ƷŷĻźƩ ķĻƭźŭƓğƷźƚƓ ķƚĻƭ ƓƚƷ ƓĻĭĻƭƭğƩźƌǤ źƒƦƌǤ ƷŷğƷ ƷŷĻ ƭƦĻĭźĻƭ Ǟźƌƌ ĻǝĻƓƷǒğƌƌǤ ĬĻ ƦƩƚƦƚƭĻķ ŅƚƩ ƌźƭƷźƓŭ ğƭ ğ ŅĻķĻƩğƌƌǤ ĻƓķğƓŭĻƩĻķ ƚƩ ƷŷƩĻğƷĻƓĻķ ƭƦĻĭźĻƭ͵ IƚǞĻǝĻƩͲ ǞĻ ƩĻĭƚƒƒĻƓķ ƷŷğƷ ğƌƌ ƦƩğĭƷźĭğĬƌĻ ƒĻğƭǒƩĻƭ ĬĻ ƷğƉĻƓ Ʒƚ ğǝƚźķ ƚƩ ƒźƓźƒźǩĻ ğķǝĻƩƭĻ źƒƦğĭƷƭ Ʒƚ ŅĻķĻƩğƌ ƭƦĻĭźĻƭ ƚŅ ĭƚƓĭĻƩƓ͵ evaluation and can be found on our web page at https://fws.gov/office/eastern-north-carolina. Please check the web site often for updated information or changes. If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine th Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above-referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally-listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified 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. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down-gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission (NCWRC) has developed a Guidance Memorandum (found at https://www.ncwildlife.org/Conserving/Learn-Resources/Ways-to- Conserve) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document and the NCWRCs other conservation recommendations in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce thetime required, and eliminate the need, for general correspondence for John Ellis of this office at (919) 856-4520 ext. 26. Sincerely, Pete Benjamin Field Supervisor Neuse Wetland Credits Statement of Availability April 6, 2023 GMR Holdings LLC Attn: Jim Adams 200 Cardathian Way Raleigh, NC 27615 RE: Availability of Stream and Riparian Wetland Credits for the “Dickens Road” project Bank Name: Falling Creek Umbrella Mitigation Bank Bank Sites: Falling Creek Mitigation Site / Grantham Branch Mitigation Site / McClenny Acres II Mitigation Site Bank Sponsor: Wildlands Holdings III, LLC USACE Action ID No.: SAW-2015-00940 / SAW-2017-00549 / SAW-2017-00552 Permittee: Crescent Communities Riparian Wetland Credits Needed: 0.98 acres Riparian Wetland Credits Available: 2.14 acres Neuse 03020201 River Basin Dear Mr. Adams, Wildlands Holdings III, LLC, owned and operated by Wildlands Engineering, Inc., currently has riparian wetland credits from the Falling Creek Umbrella Mitigation Bank: Falling Creek Mitigation Site, Grantham Branch Mitigation Site,and McClenny Acres II Mitigation Site to satisfy the wetland mitigation requirements related to the above-mentioned project. Please note that we are anticipating additional credit releases in February to potentially meet the project need. The project is located within the Neuse River Basin of the service area (HUC 03020201) of the Bank. This letter is simply a statement of availability of credits as of the date written. It is neither a guarantee of future credit availability, nor a guarantee of credit pricing. Credits are sold on a first come, first serve basis at the Bank’s price at the time an invoice is requested. Invoices reserve both the credits and the price for a period of 30 days. Credits and associated pricing may be reserved for up to 6 months with a signed reservation agreement and a 10% deposit. Final transfer of the credits will be made upon receipt of a copy of the US Army Corps of Engineers Compensatory Mitigation Responsibility Transfer Form approving the Stream and/or wetland mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings III, LLC. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332- 7754 x114 or cbrunick@wildlandseng.com if you have any questions or need any additional information. Wildlands HoldingsIII, LLC · Wildlands Engineering, Inc · 1430 South Mint Street, Suite 104, Charlotte, NC 28203 Sincerely, Camden M. Brunick Wildlands Engineering, Inc. MitigationCredit Sales cbrunick@wildlandseng.com O: (704) 332-7754 ext. 114 M: (919) 219-6162 Cc: Mr. Lyle Phillips, Regulatory Agent| USACE Mr. Jacob Sinclair, P.G., PWS, Senior Environmental Specialist| Atlas Environmental Wildlands HoldingsIII, LLC · Wildlands Engineering, Inc · 1430 South Mint Street, Suite 104, Charlotte, NC 28203