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
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Potential WetlandPond 100: ~3.315 Ac.
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Potential Non-wetland
WL 1000: ~0.617 Ac.XM!2111;!1/728!Bd/
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For: GMR Holdings, LLC Attn: Jim Adams
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Potential Non-wetland
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CH 100: ~99 LF, 0.007 Ac.
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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
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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