20240435 Ver 1_Public Notice_20240416

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' PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: April 16, 2024
Comment Deadline: May 16, 2024
Corps Action ID Number: SAW-2015-01697
The Wilmington District, Corps of Engineers (Corps) received an application from
BOMA North Carolina, LLC, seeking Department of the Army authorization to
permanently impact 815 linear feet (If) of stream channel and 0.82 acres of wetland,
temporarily impact 235 If of stream channel and 0.55 acre of wetland, and permanently
convert 0.21 acre of wetland, in conjunction with the construction of the Caleb's Creek
(Site) mixed -use development, located at along Teague Lane, in Kernersville, Forsyth
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.m it/M ission s/Re gul atory-Perm it-Program/Public-Notices/
Applicant: Chris Cole
BOMA North Carolina, LLC
836 Good Hope Drive
Castle Rock, Colorado 80108
AGENT (if applicable): Jeff Harbour
Terracon Consultants, Inc.
2401 Brentwood Road
Raleigh, North Carolina 27604
Authority
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:
® 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
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Figure 1. Location of Caleb's Creek Project
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Location Description- The 875-acre Site is located at along Teague Lane, between
Watkins Ford Road and Interstate 40, in Kernersville, Forsyth County, North Carolina.
Project Area (acres)- 875
Nearest Town- Kernersville
Nearest Waterway- Abbots Creek
River Basin- Yadkin River Basin (8-digit HUC- 03040103)
Latitude and Longitude- 36.062387 N,-80.091225 W
Existing Site Conditions
The Site consists of residential development, undeveloped woodland, along with an
abandoned golf course (Figure 2), and is located along Teague Lane, in Kernersville,
Forsyth County, North Carolina, in the United States (U.S.) Geologic Survey (USGS)
7.5-minute topographic quadrangle of Kernersville, NC (Figure 3), and within the Yadkin
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(Upper Pee Dee) River Basin, USGS hydrologic unit 03040103. A Best Usage
Classification (BUC) is assigned to waters of North Carolina based on the existing or
contemplated best usage of various bodies of water. The streams on -site have a BUC
of Water Supply III (WS-III), which is a source for drinking, culinary, or food processing
where WS-I or II classification is not feasible. WS-III waters are generally in low to
moderately developed watersheds. The wetlands on -site are generally classified as
headwater forest according to the North Carolina Wetland Assessment Method
(NCWAM).
A jurisdictional determination was submitted on June 21, 2023, by Terracon
Consultants, Inc., and field verified by the Corps on July 25, August 24, and September
19, 2023. The Site contains approximately 70 acres of wetland, 47,000 If feet of stream
channel, and 19 acres of open water.
Figure 2. Existing Site Conditions
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Applicant's Stated Purpose
The overall purpose of the project is to construct a mixed -use development to meet the
current and future demand in the Kernersville region.
Project Description
The overall project would involve constructing single and multi -family residential lots,
commercial office space, pubic school, along with associated infrastructure and
attendant features. Implementation of the proposed project would permanently impact
815 If of stream channel and 0.82 acres of wetland, temporarily impact 235 If of stream
channel and 0.55 acre of wetland, and permanently convert 0.21 acre of wetland.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: The project has avoided and minimized
impacts to the maximum extent practical. Aside from internal roadway construction
(culvert installation) and sewer/utility infrastructure, all impacts associated with the Site
have and would continue to occur in upland areas, outside of waters of the United
States.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The applicant has chosen to purchase 1630
stream mitigation units and 1.85 wetland mitigation units from the North Carolina
Division of Mitigation Services.
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.
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:
® No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
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Through letter dated January 17, 2024, the NC SHPO indicated there were no
historic properties which would be affected by the project, as proposed (ER 18-
4038).
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:
® The Corps determines that the proposed project may affectfederally listed
endangered or threatened species or their formally designated critical habitat.
® 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
com plete.
According to the Information for Planning and Consultation (IPAC) website, the
following species are listed:
Tricolored bat (Perimyotis subflauvus); proposed endangered
Bog turtle (Glyptemys muhlenbergii), similarity of appearance
Monarch butterfly (Danaus plexippus), candidate species
Schweinitz's sunflower (Helianthus schweinitzii), endangered
The proposed project contains potentially suitable habitat for the above
referenced species. The applicant conducted pedestrian field surveys during the
optimal survey window for Schweinitz's sunflower and did not observe any
species occurrences. Further, the applicant would be required to abide by tree
clearing moratoriums in the event the Tricolored bat is uplisted prior to
construction.
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):
® 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
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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 180 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):
® 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.
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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, May 16, 2024. Comments should be
submitted to Ms. Krysta Stygar, Charlotte Regulatory Field Office, 8430 University
Executive Park Drive, Suite 615, Charlotte, North Carolina 28262, by email at
Krystynka.B.Stygarp_usace.army.mil, or by phone at [phone]. Comments may
also be submitted to CharlotteNCREG1(a-),usace.army.mil.
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