20240435 Ver 1_Caleb's Creek IP Report_20240516

SECTION 404/401 INDIVIDUAL PERMIT APPLICATION
FOR
CALEB'S CREEK DEVELOPMENT
FORSYTH COUNTY, NC
APPLICANT:
BOMA North Carolina LLC
ENGINEER:
SEH of North Carolina, PLLC
CONSULTANT:
Terracon Consultants Inc
w ierracon
Nationwide
■ l Environmental
Terracon.com
■ Geotechnical
■ Materials

Caleb's Creek Section 404/401
IP Submittal — March 2024
TABLE OF CONTENTS
1.0 PROJECT DESCRIPTION
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2.0 PURPOSE AND NEED FOR THE PROJECT
3.0 ALTERNATIVE ANALYSIS
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3.1 Alternatives Considered
3.1.1 No Action Alternative
3.1.2 No Impact Alternative
.......
-........................................................................
3.1.3 Caleb's Creek (Preferred)
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3.1.3.1 Onsite Alternatives.............................................................
3.1.4 Off -site Alternatives
3.1.4.1 Browns Summit Site.............................................................
3.1.4.2 Randleman Site..................................................................
3.2 Alternatives Dismissed
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4.0 NATURAL AND CULTURAL RESOURCES..................................................................
4.1 Wetlands and Waters of the U.S.
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4.2 Threatened and Endangered Species--------------------------------------------------------------------
4.3 Bald Eagle------------------------------------------------------------------------------------
4.4 Cultural Resources
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5.0 SECTION 404 IMPACTS AND PERMITTING
5.1 Proposed Stream Impacts .....................................................................................
5.2 Proposed Wetland Impacts.......................................................................
5.3 Avoidance and Minimization
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5.4 Compensatory Mitigation .......................................................................................
5.5 Caleb's Creek Trail System.........................................................................
5.6 Secondary and Cumulative Impacts.............................................................
6.0 STORMWATER MANAGEMENT............................................................................
APPENDICES FOLLOWING THIS REPORT
Appendix A: Current USACE Engineering Form for IP Applications
Appendix B: Current Caleb's Creek Permit Drawings
Appendix C: Offsite Alternatives
Appendix D: Onsite Alternatives and Impact Summaries
Appendix E: Current Approved Delineation and Concurrence Email
Appendix F: Current USFWS IPaCs List
Appendix G: Current NCNHP Report
Appendix H: Current NCSHPO Clearance Letter
Appendix I: Adjacent Property Owners
All information Above Intended to Support Current Permit Application Submittal
Appendix J: Historical Caleb's Creek Data (2015-2018)
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IP Submittal — March 2024
1.0 PROJECT DESCRIPTION
Terracon Consultants, Inc. on behalf of BOMA North Carolina LLC (BOMA) is submitting this
environmental document to support the Section 404/401 permit application for the Caleb's Creek
development located in Forsyth County, NC. Caleb's Creek is culmination of close to ten years of due
diligence, planning, limited permitting and development, and ongoing design for what is thought to be
the largest tract of entitled land (+/- 875 acres) in the Triad region of North Carolina. BOMA of North
Carolina LLC is the owner/applicant for Caleb's Creek. Other team members include Terracon
(environmental consultant), SEH (civil engineer), and Snake River Development LLC. The Caleb's
Creek property has a considerable history, some of which is before the present project team was
assembled and brought into the project.
Table Project Site Details
Property Owner
BOMA North Carolina LLC
Size
875 acres
Nearest Waterway
Abbots Creek
USGS HUC
03040103
River Basin
Lower Yadkin
Nearest Town
Kernersville
Latitude/Longitude
36.062387-80.091225
The approximately 875-acre Caleb's Creek site consists of an abandoned golf course, three large
ponds, and extensive wetland and tributary systems associated with the floodplain along Abbott's
Creek. When this project was first contemplated, it was intended to be a residential subdivision
centered around a modernized and improved golf facility. After extensive financial and environmental
analysis, it was determined that the golf course was not feasible, and the decision was made to move
forward with a multi -community residential development that incorporates large areas of common open
space and greenway walking/biking trails. The elimination of the renovated golf course and
replacement with passive recreational uses lessened the original, proposed wetland impacts by up to
4 acres. The Caleb's Creek property does contain areas that were previously identified by the Town
of Kernersville as being part of their necessary thoroughfare infrastructure and some of this roadway
has previously occurred as part of past permitting activity initiated by the applicant.
Original Land Acquisition - BOMA acquired the Caleb's Creek property in January 2008 following an
extensive search for properties throughout the United States to meet BOMA's need for a time -sensitive
acquisition for the redeployment of its capital from another previously sold project. Of the opportunities
explored, Caleb's Creek was the only land assemblage assessed that possessed existing entitlements
for mixed -use development located in a path -of -progress community in a region with substantial net
in -migration. Additional factors supportive of BOMA's acquisition of Caleb's Creek included access to
existing transportation infrastructure, existing and expandable utility access, and immediate proximity
to a quality school system.
Prior Permit Submittals — In 2018, Wetlands and Waters submitted permit applications to USACE and
NCDWR requesting approval for unavoidable wetlands and stream impacts associated with roadway
infrastructure and dam rehabilitation work. The approvals were sought under NWP 3 (Maintenance)
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IP Submittal — March 2024
and NWP 14 (Linear Transportation Projects). DWR issued their 401 Water Quality Certification on
January 18, 2018 (DWR# 20058-2116 v3) authorizing stream and open water impacts for dam
rehabilitation under NWP 3 and stream and wetland impacts for road crossing associated with the
roadway infrastructure. Subsequent concerns regarding the design of one crossing on Ogden School
Road were raised and the revisions to the design that would accommodate the agencies request were
not completed before the deadline to respond. Wetland & Waters, after consulting with BOMA,
officially withdrew the application. No work was completed in any of delineated areas of impact after
the application withdrawal, nor has any work in these areas occurred since the expiration of the
previous permit. Therefore, the impacts that were proposed in 2017/2018 permit application package
never occurred. Copies of the previous applications drafted for NCDWR and USACE are included in
Appendix J.
To support the permit effort described above, a prior jurisdictional determination, also performed by a
previous consultant, was completed, and approved by USACE.
• In 2015, John Thomas issued an Approved JD to BOMA North Carolina LLC on 8/4/2015
(SAW-2015-01697). The AJD covered the 875-acre Caleb's Creek. The delineation that was
subject to the JD was completed by Wetlands and Waters. This activity was prior to Terracon's
involvement with the project. A copy of this JD is provided in Appendix J.
After the 2015 JD and the 2018 permit effort undertaken, but withdrawn, by the applicant, certain tracts
of land within the Caleb's Creek project study area were identified for development because the
proposed land disturbance resulting from the individual residential communities did not result in a
regulated discharge into a wetland or WOTUS. Approximately 195 acres of the entire Caleb's Creek
project study area have already been or are currently under development into either single family or
multi -family residential units.
Current Permit Submittal - This final stage of development for Caleb's Creek will require unavoidable
impacts to waters of the U.S., including wetlands pursuant to Section 404 of the Clean Water Act
(CWA). The applicant is submitting an Individual Permit application to the U.S. Army Corps of
Engineers requesting authorization to permanently impact 0.82 acre of wetlands and 815 linear feet
(9,705 sf) of tributaries pursuant to Section 404 of the CWA of 1972 (33 USC 1344). An Individual
Water Quality Certification will also be requested from the North Carolina Division of Water Resources
(DWR) for these impacts pursuant to Section 401 of the CWA. The current permit application is being
proposed based on an updated delineation that was performed by Terracon and has been reviewed
and approved by USACE.
• In April 2022, Terracon was asked to reassess the wetlands and waters located on the Caleb's
Creek site. Terracon completed comprehensive delineation between May — July 2022. The
updated JD request to support this new delineation was submitted to USACE 6/21 /2023. Sam
Dailey of USACE met Terracon staff onsite on July 25t", August 24t", and September 19, 2023,
to review the delineation. Adjustments to the wetland limits were made in several locations
and two upland ponds (P6/P7) were excluded from jurisdiction. Subsequently, Terracon
adjusted the wetland mapping and provided the necessary data for USACE to then provide
the applicant with a delineation concurrence email on 9/29/2023. During this same time frame,
Terracon biologists also assessed areas of potential habitat throughout the site for the
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presence or absence of Schweinitz's sunflower. The currently approved delineation is
depicted on mapping provided in Appendix E.
2.0 PURPOSE AND NEED FOR THE PROJECT
The basic purpose and need are to construct residential development communities within Caleb's
Creek. The overall purpose and need are to develop much needed residential units in the Kernersville
area that are near major thoroughfares and commercial developments and have necessary
infrastructure (water, sewer, gas, technology) inside of or near the project site. Also, part of the project
involved roadway improvements and new construction to meet Town's transportation infrastructure
needs in this area.
3.0 ALTERNATIVES ANALYSIS
Headquarters of the U.S. Army Corps of Engineers (HQUSACE) guidance from April 22, 1986, and
November 1992 requires that alternatives be practicable to the applicant and that the purpose and
need for the project must be the applicant's purpose and need. This guidance also states that project
purpose is to be viewed from the applicant's perspective rather than only from the broad, public
perspective. The essential point of the HQUSACE policy guidance is that under the Section 404(b)(1)
Guidelines, an alternative must be available to the applicant to be a practicable alternative. Section
40 CFR 230.10 (a) of the Guidelines state that "no discharge of dredged or fill material shall be
permitted if there is a practicable alternative to the proposed discharge which would have less adverse
impact on the aquatic ecosystem, so long as the alternative does not have other significant
environmental consequences". Pursuant to 40 CFR 230.10(a)(2) practicable alternatives are those
alternatives that are "available and capable of being done after taking into consideration cost, existing
technology, and logistics in light of overall project purpose". The 404(b)(1) Guidelines Preamble,
"Economic Factors", 45 Federal Register 85343 (December 24, 1980) states, "if an alleged alternative
is unreasonably expensive to the applicant, the alternative is not practicable".
Although sufficient information must be developed to determine whether the proposed activity is in fact
the least environmentally damaging practicable alternative (LEDPA), the Guidelines do not require an
elaborate search for practicable alternatives where, as here, it can be reasonably anticipated that there
are only minor differences between the environmental impacts of the proposed activity and potentially
practicable alternatives. Those alternatives that do not result in discernibly less impact to the aquatic
ecosystem may be eliminated from the analysis since section 230.10(a) of the Guidelines only
prohibits discharges when a practicable alternative exists which would have less adverse impact on
the aquatic ecosystem. Since evaluating practicability is generally the more difficult aspect of the
alternative analysis, this approach should save time and effort for both the applicant and the regulatory
agency. By initially focusing the alternatives analysis on the question of impacts to the aquatic
ecosystem, it may be possible to limit, or eliminate, the number of alternatives which must be evaluated
for practicability.
3.1 Alternatives Considered
As mentioned earlier BOMA acquired the Caleb's Creek property in January 2008 following an
extensive search for properties throughout the United States to meet BOMA's need for a time -sensitive
acquisition for the redeployment of its capital from another previously sold project. Of the opportunities
explored, Caleb's Creek was the only land assemblage assessed that possessed existing entitlements
for mixed -use development located in a path -of -progress community in a region with substantial net
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in -migration. Additional factors supportive of BOMA's acquisition of Caleb's Creek included access to
existing transportation infrastructure, existing and expandable utility access, and immediate proximity
to a quality school system. Some environmental analysis occurred after the initial land acquisition.
Some parcels that did not contain sensitive environmental features were developed and are
operational. Under the current application presented herein, the applicant has screened two offsite
alternative sites as part of this evaluation, and each are discussed in more detail in the following
sections.
The applicant states that their site selection criteria for a development of this type is contingent upon
several factors that are necessary to achieve the purpose and need. These include but are not limited
to the following.
• Appropriate zoning to allow for density needs to justify the project
• Lot Sizing / Site Layout Requirements for maximum tenant usability.
• Sewer, water, electrical, technology connections that are onsite or nearby
• Nearby interstate quality roads
• Near similar developments and land use
The Caleb's Creek site is properly zoned, is near vital infrastructure such as sewer, electrical service,
technology connection, and a modern transportation network. It is proximate to interstate quality road
networks. The site is in one of the fastest growing parts of Forsyth County where there is a tremendous
need and demand for this type of housing. Although the Caleb's Creek site is owned by the applicant,
we understand that this cannot be used as sole justification, however, the 404(b)(1) Guidelines
Preamble, "Economic Factors", 45 Federal Register 85343 (December 24, 1980) does state, "if an
alleged alternative is unreasonably expensive to the applicant, the alternative is not practicable". In
this instance the acquisition of a property of suitable size would result in a tremendous financial
hardship for the applicant. However, to satisfy the 404 (b)(1) Guidelines, the applicant has screened
two sites that were identified as either being for sale and/or of a potentially suitable size to
accommodate all or part of the development. Note however, that there were no tracts of land of the
same size as the Caleb's Creek site to be found in the region that was assessed.
3.1.1 Current No Action Alternative
The current no -action alternative is a scenario under which the applicant does not undertake
the currently proposed federal action. Under this scenario the remainder of the Caleb's Creek
development would not be constructed, no additional roads would be built. Although this
alternative would not result in additional wetland and water impacts, this alternative is not
viable because it does not meet the basic purpose and need of the applicant and does not
meet the market demand in the area for this specific type of tenant ready facilities.
3.1.2 No Impact Alternative
The no -impact alternative is a scenario under which a facility is designed and constructed
outside of all sensitive aquatic areas on the property. This includes impacts to WOTUS,
including wetlands. To achieve a no impact plan for Caleb's Creek, the roadway network that
is proposed, and is part of the Towns infrastructure plan, could not be built. This would result
in ever-increasing traffic continuing to utilize the existing roads and would result in increasingly
unsafe road conditions due to the volume of traffic increasing and the road network staying as
is.
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The no -impact alternative would also result in additional residential units not being built
because expanded and modernized road network would not be built. This would result in a
large financial hardship for the applicant as well as future homeowners who have identified
this area, and in some instances, Caleb's Creek, as where they would be choosing to buy a
single-family residence.
3.1.3 Current Caleb's Creek Site (Preferred Alternative)
The currently proposed Caleb's Creek site meets most of the applicant's purpose and need in
consideration of the attributes considered for the site screening selection. The site is properly
zoned for the type and density of housing being proposed. Adjacent land use is consistent
with the overall development plans. Water, sewer, technology connections are either already
onsite or are in very close proximity to the site. Interstate quality roads are near the site and
there are quality schools nearby for the residential development to utilize. Although there are
sensitive environmental features located throughout the Caleb's Creek development, the
applicant has taken great care to perform quality, comprehensive due diligence studies to fully
inventory the waters of the U.S., including wetlands that occur onsite. The design team has
also invested much time to the redesign of portions of the development where significant
reductions in environmental impacts could be realized.
The roadway network that is proposed and partially existing within the Caleb's Creek
development is part of the applicant's purpose and need statement as infrastructure consistent
with local zoning and municipal requirements. Mapping depicting the existing and proposed
roadways, including options that were dismissed entirely, are included with his application to
show how potential environmental impacts have been significantly lessened since this project
was first conceptualized. The proposed roadway network has been designed with safe and
efficient ingress and egress and the driving design factor.
Current permanent wetland impacts are proposed as 0.82 acre and 815 linear feet of stream
impact. This results in a 1.96-acre reduction of wetland impact from the original roadway plan.
3.1.3.1 Onsite Alternatives
The project team has been through numerous redesigns to lessen the amount of
environmental impact. Most of these design changes have resulted from either the
elimination of some road crossing impacts or through minimization efforts at certain
road crossing locations. Appendix D contains a copy of the original master plan and
details those crossing that have been eliminated or where impacts have been
minimized.
One of the early designs would have impacted up to 2.78 acres of wetlands and up to
908 linear feet of stream. Further reduction of impacts in August 2023 resulted in what
would have been up to 1.53 acre of wetland impact and 565 linear feet of stream
impact. The original road crossing areas that were either eliminated or where impacts
were reduced are depicted on the exhibit in Appendix D.
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3.1.4 Off -site Alternatives
Two off -site locations were identified and screened as part of this alternatives analysis: the
Browns Summit Site and the Randleman Site. Please refer to Appendix C for detailed
information on the offsite alternatives.
3.1.4.1 Browns Summit Site
The Browns Summit alternative site is located 1.8 miles NE of Greensboro. There are
multiple reasons that this site does not meet the applicant's purpose and need. The
property is currently zoned as AG (agriculture) and the neighboring properties are all
zones for low -density uses without the support of water or sewer infrastructure.
Significant wetlands and streams occur on the site with the largest stream and wetland
system running in a northeast direction. This large system landlocks a large portion of
otherwise usable high ground in the northwest quadrant of the site. A significant
wetland and stream impact would be required to access this usable land. The width
of the wetland impact could be as much as 500 linear feet. Assuming an impact width
of at least 75 feet, this one wetland impact would account for as much as all the wetland
impacts proposed on the Preferred Site: approximately 0.86 acre. This does not
consider any other potential wetland impacts from water and sewer infrastructure as
well as stream impacts from the road crossings. The potential for greater
environmental impacts in conjunction with the capital that would be required to get the
necessary water and sewer onto the site, as well as the current zonings restrictions,
prevent this site from being viable alternative.
3.1.4.2 Randleman Site
The Randleman Site is located approximately 1.6 miles from Randleman, NC.
According to the county's "Development Constraints Map" the property falls under the
"Secondary Growth Area" category. This means the minimum lot size within the
watershed area is 40,000 square feet. Maximum density with this lot size restriction
means that we would be looking at densities of up to 1.0 unit per acre. This is much
lower than the developer's requirements. Although water and sewer are stubbed up to
a reasonable distance from the property, the fact that the lots must be a minimum of
40,000 sf immediately results in this site non -viable. With regards to environmental
concerns, the site is within the Polecat Creek Watershed, which limits development
potential to densities that would not meet the applicant's purpose and need. Although
we believe that wetlands may be fairly limited on this site, additional regulations in this
watershed impose buffer standards on streams.
Table 2. Alternative Site Screening Matrix
Preferred Site
Browns Summit
Randleman
Suitable Zoning
Yes
No
No
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Nearby Road
Yes
Partial
Partial
Network
Nearby Sewer,
Yes
No
Yes, but significant new
Water, Electrical,
infrastructure and utility studies
IT Network
would be required to determine
feasibility
Adjacent Similar
Yes
No
No
Land Use
Wetlands/WOTUS
Yes, wetlands onsite
Significant wetlands
Wetlands and streams are
have been delineated
present based on GIS
present although not extensive.
and
screening; impacts
Watershed restricts development
reviewed/approved
would be equal or
potential on this site.
by USACE
exceed Preferred Site
Protected Species
NCNHP does not
NCNHP does not
NCNHP does not document
document
document occurrences
occurrences of federal protected
occurrences of
of federal protected
species within 1 mile; however,
federal protected
species within 1 mile.
several state -listed freshwater
species within 1 mile.
mussel species have been
Two crayfish species
documented onsite.
listed by the State as
significantly rare and
of special concern
have been
documented din the
project area.
Cultural
SHPO clearance
Unknown
Unknown
Resources
received January
2024
Managed
None in the project
Troublesome
CFP/Polecat Creek Natural Area
Land/Protected
area
Creek/Benaja Creek
is within project area.
Areas
Natural Area located
within project area
3.2 Alternatives Dismissed
The applicant has dismissed the Browns Summit Site, Randleman Site, and two onsite alternatives
as based on them being either unable to meet the applicant's purpose and need or resulting in
greater environmental impact or they will not provide adequate density for the type of development
being proposed.
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4.0 NATURAL & CULTURAL RESOURCE CONSIDERATIONS
4.1 Wetlands and Waters of the U.S.
The wetlands occurring onsite consist of Headwater Forest wetlands per NCWAM classification.
Forested vegetation consists of species such as red maple (Acer rubrum), sweetgum (Liquidambar
styraciflua), water oak (Quercus nigra), and ironwood (Carpinus caroliniana). Groundcover is sparse
and consists mainly of greenbiar (Smilax sp.), scattered giant cane (Arundinaria gigantea), and
Japanese stilt grass (Microstegium vimenium). Most of the wetland areas are influenced primarily by
surface runoff and groundwater with the wetland areas near the streams being periodically subjected
to overbank flooding.
4.2 Threatened and Endangered Species
Species with the federal classifications of Endangered (E) or Threatened (T) are protected under the
Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). Species officially
Proposed (P) for such listing or Candidates (C) are not protected under the ESA, but are
recommended for inclusion in evaluations based on potential for status to be upgraded to official listing
as E or T. A review conducted through the online U.S. Fish and Wildlife Service (USFWS) Information
for Planning and Consultation (IPaC) system indicates that that 4 species are recommended for project
consideration by USFWS within the project study area (Table 3 below). Terracon biologists have
previously conducted detailed habitat assessments and species -specific surveys inside the study area
in 2022 and 2023. Records held by the North Carolina Natural Heritage Program (NCNHP) were
reviewed on November 20, 2023, to determine if known occurrences of protected species are recorded
on or within 1.0 mile of the study area (Appendix G). No federal protected species or critical habits
are reported by NCNHP as occurring inside the study area.
Tri Colored Bat - The project study area does contain forested areas that could be considered
potential habitat for this during the non -hibernating season tri-colored bat. This species is listed as
Proposed Endangered, meaning that it is not fully listed as Endangered yet. Proposed endangered
species, such as the tricolored bat, are not protected by the take prohibitions of section 9 of the ESA
until the rule to list is finalized. Under section 7(a)(4) of the ESA, Federal agencies must confer with
the Service if their action will jeopardize the continued existence of a proposed species (USFWS
2024). Further consultation with USFWS may be necessary if this species is officially listed to ensure
compliance with the ESA as the project moves forward. NCNHP data reviewed in November 2023
indicates no known occurrences of the tricolored bat within 1.0 mile of the study area.
Schweinitz's sunflower - Potential habitat does occur for Schweinitz's sunflower within portions of
the study area. This species can be found in roadside habitats, successional easements, and along
transitional edges where sunlight is abundant. There are scattered areas throughout the Caleb's
Creek site that possess these potential habitat characteristics. Terracon biologists assessed areas
representing potential habitat for Schweinitz's sunflower in during the USFWS accepted survey
season from late August -October 2023. No evidence of this species was identified nor does NCNHP
document its occurrence inside of or within one mile of the project site.
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Table 3. Federal listed species for the Caleb's Creek Development (IPaC 2024)
Federal
Potential Habitat
Biological
Common Name
Scientific Name
Status (T/E)
Present
Conclusion
Not likely to
Proposed
jeopardize the
Tri-colored bat
Perimyotis subflavus
Endangered
Yes
continued
existence of this
species
Threatened
Bog turtle
Glyptemys
due to
No
Not Required
muhlenbergii
Similarity of
Appearance
Monarch butterfly
Danaus plexippus
Candidate
No
Not Required
Schweinitz's
Helianthus
Endangered
Yes
No Effect
sunflower
schweinitzii
4.3 Bald Eagle
Bald eagles typically nest in tall, living trees in a conspicuous location near water and forage over large
bodies of water with adjacent trees available for perching. Bald eagles typically feed on fish but may
also consume birds and small mammals. In the Carolinas, nesting season extends from December
through May.
The bald eagle was officially delisted and removed from the federal Endangered Species List on
August 9, 2007, but they are still protected under the federal BGPA and the MBTA. The National Bald
Eagle Management Guidelines (Guidelines) prohibit disturbance to a bald eagle. The Guidelines
define disturb as "to agitate or bother a bald or golden eagle to a degree that causes, or is likely to
cause, based on the best scientific information available: 1) injury to an eagle; 2) a decrease in its
productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior; or 3)
nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior."
The definition also covers impacts that result from human -caused alterations initiated around a
previously used nest site during a time when eagles are not present, if, upon the eagles' return, such
alterations agitate or bother an eagle to a degree that injures an eagle or interferes with normal
breeding, feeding, or sheltering behavior.
Under the current Guidelines, USFWS recommends the following measures: If the eagle nest can be
seen from the project site and there is no similar activity within 660 feet, then USFWS recommends
that the project: 1) maintain a buffer of at least 660 feet between your activities and the nest; 2)
maintain any established landscape buffers; and 3) if possible, create additional landscape buffers to
screen the new activity from the nest. If these recommendations cannot be adopted for the project,
then coordination is recommended with the local USFWS office.
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The study area does provide several ponds that may be large enough to support potential foraging.
No evidence of bald eagles has been documented by Terracon, the project team or by NCNHP, which
does not document any occurrences of the bald eagle within at least 1.0 mile of the study area.
4.4 Cultural Resources
The North Carolina State Historic Preservation Office (SHPO) provided Terracon with a clearance
letter on January 17, 2024, for the Caleb's Creek Project. SHPO stated that they are not aware of any
resources that would be affected and have no comment on the project as proposed (Appendix H).
5.0 SECTION 404 IMPACTS AND PERMITTING
Section 404 of the CWA requires regulation of discharges into "Waters of the United States". Although
the principal administrative agency of the CWA is the U.S. Environmental Protection Agency (EPA),
the USACE has major responsibility for implementation, permitting, and enforcement of provisions of
the Act. The USACE regulatory program is defined in 33 CFR 320-330. Water bodies such as rivers,
lakes, and streams are subject to jurisdictional consideration under the Section 404 program.
However, by regulation, wetlands are also considered "Waters of the United States".
• Permanent Wetland Impact 0.82 acre
• Temporary Wetland Impact 0.37 acre
• Permanent Stream Impact 815 linear feet
• Temporary Stream Impact 235 linear feet
5.1 Caleb's Creek Stream Impacts
Total permanent stream impacts are proposed at 815 linear feet (9,705 square feet). This impact
amount will be compensated for through stream mitigation. Unavoidable stream impacts resulting from
the Caleb's Creek project are detailed in the PCN table. Temporary stream impacts of 235 linear feet
are the result of temporary crossings of streams to facilitate road crossing construction and utility line
installation where streams will be crossed and returned to natural grade and contours.
5.2 Caleb's Creek Wetland Impacts
Total permanent wetland impact resulting from the Caleb's Creek project is 0.82 acre. This impact
amount will be compensated for through wetland mitigation. Unavoidable wetland impacts resulting
from the Caleb's Creek project are detailed in the PCN table. Temporary wetland impacts of 0.37 acre
result primarily from utility line installation where the wetland will be excavated and then returned to
preconstruction contours.
5.3 Caleb's Creek Trail System
Caleb's Creek, once fully developed, will include a greenway/walking trail network encompassing
approximately 11 miles. Much of this trail network will utilize previous trails and cart paths that were
part of the original golf course. Other sections will be developed with a minimal footprint on the
environment. Pylon supported bridges and/or wooden pile supported boardwalks will be used where
the trail must cross over streams and/or wetlands resulting in no regulated discharge to aquatic
resources regulated under Section 404 of the CWA.
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5.4 Caleb's Creek Utility Infrastructure
Infrastructure such as water and sewer lines will be constructed for the Caleb's Creek project and may
incur temporary wetland and stream impacts due to construction techniques. Hand clearing will occur
in the wetland areas or clearing will be conducted by equipment working from mats to prevent
detrimental ground disturbance. Approximately 0.37 acre (16,400 SF) of wetlands will be temporarily
disturbed during construction of the utility lines. These disturbed areas will be revegetated with a
native wetland seed mixture upon completion of the construction activity.
Streams will be crossed via open cut using a pump around method so the work can be completed in
the dry. Approximately 235 LF of stream will be temporarily impacted during construction of the utility
lines. All required BMPs will be employed during the entire time that this in -stream work is occurring.
5.5 Secondary & Cumulative Impacts
The development of this project is not intended to be a direct driver of additional development that
could result in secondary or indirect impacts to the environment. However, the permittee
acknowledges that a large residential development such as Caleb's Creek could have indirect impacts
to the nearby community such as additional service -related business' selecting the area for new stores
or expansions of existing sites. It is our position that for any such development, the municipality, and
the owner of said business would be responsible for compliance with all environmental regulations.
Per Section III of the NCDEQ 2004 Cumulative Impact Policy, private developments are unlikely to
cause cumulative impacts unless they are 1) relatively large, 2) involve commercial development, and
3) occur in otherwise relatively undeveloped landscapes with an impact on regional growth patterns.
Based on these characteristics the DWR has determined that a qualitative Cumulative Impact Analysis
is required for the Eastfield Development. The following analysis provides considerations of the
Qualitative Indirect and Cumulative Impacts to downstream water quality resources from the Caleb's
Creek project.
Is growth likely to be induced by the project?
The purpose of this project is to meet the existing market needs of the Kernersville community,
not induce growth. It is reasonable to expect continual development in this area over time,
regardless of Caleb's Creek. Therefore, it is unlikely that the Caleb's Creek project will impact
the current regional growth patterns.
Are existing uses of the water likely to be impacted?
The project site drains to Abbots Creek, which has been classified as a Water Supply III (WS-
III). The project engineer will provide, under separate cover, a detailed discussion regarding
the over stormwater plan and how it will not degrade the current classification of Abbots Creek.
5.6 Avoidance and Minimization
The applicant has gone through at least three design iterations that result in the present plan submitted
herein. Redesign and or elimination of some road crossings and further reduction of regulated impacts
throughout the Caleb's Creek development have resulted in project that can be said to have relatively
small impacts for a development of this size.
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Caleb's Creek Section 404/401
IP Submittal — March 2024
The Caleb's Creek Trail System will utilize existing trails and relic cart paths from the old golf course
to minimize new impacts to the natural areas that are to remain in the Caleb's Creek property. No
regulated discharge is proposed to occur because of the trail system. Tributaries will be spanned with
pylon or wooden pile -supported footbridges. Wetlands will be crossed with wooden pile -supported
walkways.
5.7 Compensatory Mitigation
The applicant is proposing to provide compensatory wetland and stream mitigation in accordance with
current regulatory guidelines to compensate for the unavoidable wetland impacts (0.82 ac) and stream
impacts (815 If). 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. Credits were not available through a private mitigation bank at the time of submittal.
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