20240238 Ver 1_Public Notice_20240221

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PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: February 21, 2024
Comment Deadline: March 22, 2024
Corps Action ID Number: SAW-2023-02308
The Wilmington District, Corps of Engineers (Corps) received an application on January
29, 2024, from TKC Land Development II, LLC seeking Department of the Army
authorization to permanently impact 873 linear feet (0.07-acre) of perennial stream
associated with developing the South Point Commerce Center project in Thomasville,
Davidson 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.miI/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant:
AGENT (if applicable)
Authority
TKC Land Development II, LLC
c/o Justin Curis
4500 Cameron Valley Parkway, Suite 400
Charlotte, North Carolina 28211
Atlas Environmental, Inc.
c/o Jennifer Robertson
338 Soth Sharon Amity Road, #411
Charlotte, North Carolina 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:
❑x 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
Location Description: The project area spans Davidson, Guilford, and Randolph
counties and is located north of Interstate 85, east and south of National
Highway/English Road, and west of Old Thomasville Road.
Project Area (acres): 178.3
Nearest Town: Thomasville
Nearest Waterway: UT Kennedy Mill Creek
River Basin: Yadkin Pee Dee
Latitude and Longitude: 35.922307N,-80.049609W
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Figure 1. Site vicinity.
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Figure 2. Proposed project boundaries.
Existing Site Conditions
The approximately 178-acre undeveloped proposed project area is highly disturbed with
predominantly bare, open areas and limited forested cover. Aquatic resources include
five perennial streams, six intermittent streams, wetlands, and an impoundment. Site
waters flow west across the property and north-northwest to Kennedy Mill Creek, then
south and eventually discharging into High Rock Lake, which is a Traditionally
Navigable Water of the US.
Mapped soils consist of Mecklenburg clay and sandy clay loam, Pacolet fine sandy
loam, Poindexter-Wynott complex, Enon sandy loam, Enon-Urban land complex,
Sedgefield sandy loam, and Cecil sandy clay loam.
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Dominant vegetation includes sweetgum, red maple, American beech, American
sycamore, multiflora rose, green brier, and wild strawberry and blackberry.
Applicant's Stated Purpose
To construct a commercial warehouse development to serve industrial demand in the
greater Triad area (Greensboro/Winston-Salem/High Point) in North Carolina.
Project Description
The proposed project would require the permanent loss of 0.07-acre (873 linear
feet) of perennial and intermittent stream associated with the construction of an
industrial park, including five warehouses (125,000-1.0 million square feet), roads,
parking lots, utility lines, and other standard infrastructure. The applicant has
asserted that one small wetland that is proposed for permanent loss is non -
jurisdictional; however, the project does not currently have a valid jurisdictional
determination. An evaluation and determination of the jurisdictional status of this
resource will be conducted as part of the permit review process.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: The buildings and associated
infrastructure would be sized to the minimum spatial extents to accomplish the project
purpose and need. The building sizes and placement, parking, and roadways would
avoid higher quality streams and wetlands to the greatest extent possible. Buildings
have been reduced in size and realigned away from aquatic features to the greatest
extent possible, and retaining walls are proposed to avoid and further minimize impacts
to aquatic resources. No wetland impacts are proposed.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: purchase of 873 stream credits (1:1 ratio)
from NC Division of Mitigation Services In -Lieu Fee Program.
Essential Fish Habitat (EFH)
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.
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
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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 resources listed in or eligible for inclusion in the National Register of Historic
Places are known to be present in the vicinity of the proposed work; however, the
permit area has not been formally surveyed for the presence of cultural
resources. Additional work may be necessary to identify and assess any cultural
resources that may be present. This notice serves as a request to SHPO, THPO,
and/or other interested parties to provide any information they may have
regarding historic properties.
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:
❑x For the proposed project, the Corps has made the following determination for
federally listed endangered or threatened species or their formally designated
critical habitat: May Affect, Not Likely To Adversely Affect
According to the Information for Planning and Consultation (IPAC) website, the following
species are listed: Tricolored bat (Perimyotis subflavus), Monarch butterfly (Danaus
plexippus), Schweinitz's sunflower (Helianthus schweinitzii), and Small whorled pogonia
(Isotria medeloides).
Via email, dated January 4, 2024, US Fish and Wildlife Service stated, "Based on the
information provided in your biological evaluation (BE), suitable habitat for the
federally endangered Schweinitz's sunflower (Helianthus schweinitzii), occurs within
the proposed action area. However, your Biological Evaluation indicates that no
evidence for this species was detected during targeted botanical surveys conducted
October 26, 2023. Therefore, we believe the probability for project -meditated loss
of this species is insignificant and/or discountable and would concur with a "may
affect, not likely to adversely affect" determination from the action agency. Botanical
survey results for this species are valid for two years for the purposes of ESA
consultation.
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The information provided indicates that suitable habitat is not present within the
action area for any other federally listed species."
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):
❑x 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 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 should do so in writing, within 30 days of the issue date of the notice
by emailing comments to [e-mail] with the subject line of
"401 Water Quality Certification" or by mail to:
NCDWR Central Office
Attention: Stephanie Goss, 401 and Buffer Permitting Branch
(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):
❑x 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
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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 22, 2024. Comments should be
submitted to Emily Greer, Charlotte Regulatory Field Office, 8430 University Executive
Park Drive, Suite 615, Charlotte, North Carolina 28262, or via email at
[e-mail]. mi1. Comments may also be submitted to
CharlotteNCREG1 @usace.army.mil.
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