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Home My WebLink About20161153 Ver 1_Individual Permit App_20161121 APPLICATION FOR SECTION 404/401 INDIVIDUAL PERMIT PROPOSED CLEMMONS TOWN CENTER APPROXIMATE 16.3 ACRE TRACT 2394 LEWISVILLE-CLEMMONS ROAD CLEMMONS, FORSYTH COUNTY, NORTH CAROLINA PREPARED FOR: CLEMMONS TC, LLC 16501 NORTHCROSS DRIVE, SUITE D HUNTERSVILLE, NORTH CAROLINA 28078 PREPARED BY: PILOT ENVIRONMENTAL, INC. PO BOX 128 KERNERSVILLE, NC 27285 NOVEMBER 17, 2016 PEI PROJECT 1298.1 TABLE OF CONTENTS SECTION PAGE EXECUTIVE SUMMARY ..................................................................................................................... 1 1.0 INTRODUCTION ....................................................................................................................... 3 1.1 Project Description ............................................................................................................... 3 1.2 Purpose and Need of Project .............................................................................................. 3 2.0 BACKGROUND ......................................................................................................................... 4 3.0 EXISTING SITE CONDITIONS ................................................................................................ 5 3.1 Literature Review ................................................................................................................. 5 3.2 Site Reconnaissance ........................................................................................................... 6 3.3 Streams ................................................................................................................................. 7 3.4 Wetlands ............................................................................................................................... 8 3.6 Watershed Classification ..................................................................................................... 9 3.7 Vegetation ............................................................................................................................. 9 3.8 Cultural Resources ............................................................................................................ 10 3.9 Biological Resources/Endangered Species ..................................................................... 10 4.0 PROJECT CONSTRUCTION ................................................................................................ 14 5.0 ALTERNATIVES TO THE PROPOSED ACTION ................................................................ 15 6.0 PROPOSED IMPACTS .......................................................................................................... 18 7.0 AVOIDANCE AND MINIMIZATION ....................................................................................... 20 8.0 PROPOSED MITIGATION ..................................................................................................... 21 9.0 REFERENCES ........................................................................................................................ 23 10.0 ATTACHMENTS ..................................................................................................................... 24 Clemmons Town Center November 11, 2016 PEI Project 1298.1 EXECUTIVE SUMMARY This environmental report was prepared by Pilot Environmental Inc. (PEI) for use by Clemmons TC, LLC, the “applicant” in obtaining an individual permit that will allow the construction of the proposed Clemmons Town Center (CTC). Stream and wetland impacts are required for completion of the proposed project. The purpose of this report is to provide sufficient information that will enable the United States Army Corps of Engineers (USACE) and the North Carolina Department of Environment Quality (NCDEQ), Division of Water Resources (DWR) to evaluate the proposed project. The CTC project is a proposed lifestyle shopping center located on an approximate 16.3 acre tract at 2394 Lewisville-Clemmons Road in Clemmons, Forsyth County, North Carolina. The project area is situated in proximity to a major interchange of Interstate 40 and existing commercial development that will support the proposed commercial uses. The site is located in an area of Clemmons that has experienced a marked increase in commercial development over the last ten years. The purpose of the project is to develop a lifestyle shopping center that meets the siting requirements in an area that has been determined to have a demand in the marketplace for the development. The developer proposes to construct four buildings that will provide a total of approximately 166,300 square feet of commercial space and approximately 9,600 square feet of apartment space. The project area was previously a portion a larger parcel for which a Section 404/401 Individual Permit application was submitted to the USACE and NCDEQ-DWR (previously NCDENR-DWR) in late 2006 or early 2007. The former Individual Permit application was publically advertised on February 23, 2007. It is the applicant’s understanding that this Individual Permit application was withdrawn and that Section 404/401 impacts were not authorized by the USACE or the NCDEQ-DWR. In July of 2013, Nationwide Permit (NWP) 12 & 29 Verifications and a 401 Water Quality Certification were issued to Clemmons Town Center Apartments, LLC for the approximate 19.65 acre parcel, currently adjoining the proposed Clemmons Town Center project area to the south. The NWP 12 & 29 Verification contained remarks indicating that the USACE Jurisdictional Determination (JD) issued with the NWP was only for the proposed impacts to Waters of the U.S. (WoUS) described by the NWP 12 & 29 and did not include the remainder of the WoUS that might be located within the larger property. It is the applicant’s understanding that the previous impacts to WoUS associated with Clemmons Town Center Apartments, LLC and those proposed in this application are considered cumulative in accordance with a single and complete project as defined in the federal Code of Regulations (CFR) at 33 CFR 330.2(i). An extensive alternatives analysis has been conducted to determine the preferred alternative. The alternatives evaluated include the following: a no build alternative, a no permit alternative, six off-site alternative locations and two on-site design alternatives. Clemmons Town Center November 11, 2016 PEI Project 1298.1 The preferred alternative was selected because it met the applicant’s purpose and need while avoiding and minimizing significant adverse effects to the environment. The proposed construction of CTC will result in the unavoidable permanent impact to 636.7 linear feet of stream channel and 5,475 square feet (0.105 acres) of wetlands. Additionally, the proposed project will temporarily impact 12 linear feet of stream channel and 152.6 square feet (0.003 acres) of wetlands. Areas of temporary impact will be restored to similar per-construction conditions and stabilized with permanent vegetative measures. The applicant has employed several design and construction techniques to avoid and minimize impacts to streams and wetlands. Design specifications that avoid and minimize impacts to streams and wetlands include: construction of multi-story buildings to limit their horizontal footprint; siting stormwater retention devices in upland areas: the use of approximate 10 feet tall retaining walls, head walls and end walls; utilizing mechanized land clearing to maintain vegetation instead of permanent fill; installation of a rip-rap dissipater that avoids net loss of stream channel/aquatic habitat; and, restoring temporary impacts to streams and wetlands. The sequence of construction has been designed to minimize areas of exposed/bare soils. During construction of the project, erosion control devices will be routinely inspected and maintained to minimize the amount of sediment runoff into down-gradient streams and wetlands. Disturbed areas will be reseeded promptly, where possible, to prevent future erosion and sediment runoff into streams. Stockpiling excavated soil will be avoided where possible. If temporary stockpiling is necessary, then the stockpiles will be bermed and surrounded with silt fencing. The applicant has avoided and minimized impacts to jurisdictional areas to the extent possible and proposes to mitigate unavoidable losses with compensatory mitigation from the NCDEQ Division of Mitigation Services (DMS). The applicant will purchase 678 linear feet of stream channel credits and 0.25 acres of wetland credits, which will exceed mitigation credit requirements based on the applicant’s proposal. Clemmons Town Center November 11, 2016 PEI Project 1298.1 1.0 INTRODUCTION 1.1 Project Description The project is a proposed lifestyle shopping center, herein referred to as Clemmons Town Center (CTC), located on an approximate 16.3 acre tract at 2394 Lewisville-Clemmons Road in Clemmons, Forsyth County, North Carolina. CTC has been designed to provide a semi-urban “Main Street” atmosphere for consumers in the vicinity of the proposed lifestyle shopping center. A main focal point for the proposed lifestyle shopping center includes the extension of Jessie Lane through the central portion of the site. This will afford pedestrian and vehicular access to the four proposed commercial buildings. Additionally, the proposed extension of Jessie Lane provides interconnection to properties to the north and south. The four proposed buildings are designed to house a variety of retail and commercial occupants including a hotel, residential units, office/retail (live/work), retail/restaurant and a food store. The remainder of the proposed project includes the construction of parking lots and stormwater devices. The attached Civil Exhibits, prepared by Stimmel Associates, PA, show the proposed site development plan. 1.2 Purpose and Need of Project The purpose of the proposed project is to develop a lifestyle shopping center that meets the siting requirements in an area that has been determined to have a demand in the market place for the development. Several properties in the vicinity of the chosen site were evaluated for the proposed action during initial site selection of the project. The project area is situated in proximity to a major interchange of Interstate 40 and existing commercial development that will support the proposed commercial uses. The site is located in an area of Clemmons that has experienced a marked increase in commercial development over the last ten years. The developer proposes to construct four buildings that will provide a total of approximately 166,300 square feet of commercial space and approximately 9,600 square feet of residential apartment space. The extension of Jessie Lane will funnel vehicular and pedestrian traffic to the proposed lifestyle shopping center while also providing the “Main Street” atmosphere critical to the success of the commercial occupants. Additionally, the developer is proposing 467 parking spaces for the proposed CTC lifestyle shopping center. Clemmons Town Center November 11, 2016 PEI Project 1298.1 2.0 BACKGROUND The project area was previously a portion a larger parcel for which a Section 404/401 Individual Permit application was submitted to the U.S. Army Corps of Engineers (USACE) and North Carolina Department of Environmental Quality (NCDEQ) Division of Water Resources (DWR) in late 2006 or early 2007. The former Individual Permit application was publically advertised on February 23, 2007. Based on the public notice, the purpose and need of the former permit submittal was for proposed commercial development. It is the applicant’s understanding that the former Individual Permit application was withdrawn and that Section 404/401 impacts were not authorized by the USACE or the NCDEQ-DWR. In July of 2013, Nationwide Permit (NWP) 12 & 29 Verifications and a 401 Water Quality Certification were issued to Clemmons Town Center Apartments, LLC for the approximate 19.65 acre parcel, currently adjoining the proposed Clemmons Town Center project area to the south. According to the NWP 12 & 29 Verifications SAW-2013-01201 dated July 2, 2013 (attached) and the NCDEQ-DWR 401 WQC approval dated July 23, 2016 (attached), the following impacts to WoUS were authorized: Table 1 – Previous Impact to WoUS Type of Impact Wetlands Stream Permanent 1,183 SF/0.027 Ac 65 LF Temporary 2,409 SF/0.055 Ac 26 LF The NWP 12 & 29 Verification contained remarks indicating that the USACE Jurisdictional Determination (JD) issued with the NWP was only for the proposed impacts to Waters of the U.S. (WoUS) described by the NWP 12 & 29 and did not include the remainder of the WoUS that might be located within the larger property. It is the applicant’s understanding that the previous impacts to WoUS associated with Clemmons Town Center Apartments, LLC and those proposed in this application are considered cumulative in accordance with a single and complete project as defined in the federal Code of Regulations (CFR) at 33 CFR 330.2(i). Clemmons Town Center November 11, 2016 PEI Project 1298.1 3.0 EXISTING SITE CONDITIONS 3.1 Literature Review PEI reviewed the U.S. Geological Survey (USGS) Topographic Map, the U.S. Department of Agriculture (USDA) Soil Survey of Forsyth County, the U.S. Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) Map, the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) and the Geologic Map of North Carolina to determine information about the project area.  The USGS Topographic Map (Drawing 1) identifies ponds and unnamed tributaries to Johnson Creek on the southeastern and western portions of the site. Additionally, drainage swales that could contain surface waters or wetlands are shown on the site.  The USDA Web Soil Survey of Forsyth County (Drawing 2) identifies the following soil mapping units within the project area: Fairview fine sandy loam (FaD & FaC) – The Fairview series consists of well - drained, moderately permeable soils that occur on piedmont uplands. Oak Level loam (OkC) – The Oak Level series consists of well drained, moderately - slowly permeable soils that occur on piedmont uplands. Poplar Forest fine sandy loam (PaD) – The Poplar Forest series consists of well - drained, moderately permeable soils that occur on gently sloping to steep piedmont uplands. Siloam sandy loam (SmD) – The Siloam series consists of well drained, moderately - slowly permeable soils that occur on piedmont uplands. The soil mapping units are not identified on the 2016 Forsyth County Hydric Soils List.  The last published USDA Soil Survey of Forsyth County (Drawing 2A), depicts ponds and streams on the western and southeastern portions of the site. This is consistent with the USGS Topographic Map. Other surface waters or wetland are not shown on the site.  The NWI Map (Drawing 3) depicts two freshwater ponds on the southeastern and western portions of the site. Other surface waters or wetlands are not shown on the site.  The FEMA FIRM (Drawing 4) identifies the site within Zone X, areas outside the 100 year floodplain. Clemmons Town Center November 11, 2016 PEI Project 1298.1  The Geologic Map of North Carolina indicates that the site is located in the Milton Belt of the Piedmont Physiographic Province. In general, the soils encountered in this area are the residual product of in-place chemical weathering of rock underlying the site. Typically, shallow unconfined groundwater movement within soils is controlled largely by topographic gradients. Recharge occurs primarily by infiltration along higher elevations and typically discharges into streams or other surface water bodies. The elevation of the shallow water table is transient and can vary greatly with seasonal fluctuations in precipitation. Movement in this water table is generally from higher to lower elevations. 3.2 Site Reconnaissance PEI visited the site several times from 2014 to 2016. PEI conducted a field delineation on September 16, 2015. The site contains wooded land. Structures are not located on the site. A limited portion of the project area extends onto undeveloped areas of the adjoining property south of the site, which is occupied and owned by Clemmons Town Center Apartments, LLC. A gravel fire access road crosses the central portion of the site. Evidence of current, abandoned and un-maintained stormwater retention devices are present on the northern and eastern portions of the site. Evidence of a former access road and borrow area are present on the southern-central portion of the site. Open waters, including ponds or lakes, are not present on the site. Streams cross the northern, southern and western portions of the site. The streams have defined beds and banks, evidence of ordinary high water marks, meanders and substrate sorting. The streams, with the exception of SA, contained flowing water at the time of our site visit. With the exception of stream SA, aquatic species were observed in the streams at the time of our visit. Based on our observations, stream SA is intermittent and the other streams are perennial. Wetlands are located on the southern and western portions of the site. The wetlands are separated from surrounding uplands by topographic, vegetation and/or soil breaks. The streams and wetlands were flagged in the field. The stream and wetland flags were verified in the field by Mr. John Thomas (USACE) and Ms. Sue Homewood (NCDEQ-DWR) on October 28, 2015. Drawing 5 (attached) shows the approximate locations of the streams, wetlands, data points and the flag numbers within the proposed area of impact. To date, a USACE J D has not been issued for the project area. Clemmons Town Center November 11, 2016 PEI Project 1298.1 3.3 Streams The project area contains three streams. The streams have been classified as perennial and intermittent. Stream descriptions are included in Table 2 below. Table 2: CTC Streams Approximate Approximate Stream Length of Stream Identifier Length of Perennial Classification Intermittent Stream (LF) Stream (LF) SA Intermittent 637 0 SB Perennial 0 1,143 SC Perennial 0 208 Total: 637 1,351 Stream SA is an intermittent stream located on the northern portion of the site. The majority of Stream SA will be impacted by the proposed project. Stream SA originates at a head cut on the northeastern portion of the site. Stream SA has defined bed and banks and hydric soils. Stream SA did not contain flowing water or evidence of aquatic life during several of our site visits. The stream has weakly defined riffle-pool complexes and little substrate sorting. Steam SA discharges into Stream SB. Wetland pockets (WA) are located along the confluence of Streams SA and SB. Stream SB is a perennial stream located on the western portion of the site. Stream SB will not be impacted by the proposed project. Stream SB originates off-site and discharges into a lake on the adjacent property to the south. Stream SB contains well defined bed and banks, numerous meanders, strong substrate sorting and numerous riffle-pool complexes. Flowing water and the presence of aquatic macro-invertebrates, crayfish, salamanders and minnows were observed in Stream SB during several site visits. Wetlands are located along the confluence of Streams SA and SB and adjacent to Stream SB within a drained pond basin that has naturalized to a bottomland hardwood wetland (Wetland WA). Stream SC is a perennial stream that is located on the southern portion of the site. The majority of Stream SC will not be impacted by the proposed project. Stream SC originates at a culvert beneath the base of a drained pond basin that has naturalized to a wetland and dissipates into a wetland (Wetland WC). Stream SC has moderately defined bed and banks, meanders and a little substrate sorting. Stream SC has weak to moderate riffle-pool complexes. Stream SC has contained flowing water and aquatic macro- Clemmons Town Center November 11, 2016 PEI Project 1298.1 invertebrates during our site visits. Wetlands are located up-gradient, down-gradient and adjacent to Stream SC (Wetland WC). Stream Determination Data and Rating Forms of the proposed stream impact areas are included within the attachments. 3.4 Wetlands Descriptions of jurisdictional wetlands located on the site are included in Table 3. Table 3: CTC Wetlands Wetland Approximate Acreage ID WA 1.037 WB 0.034 WC 0.654 Total: 1.725 Limited portions of Wetlands WA and WC are located within the proposed project area. The remainder of wetlands located on the site are not proposed to be impacted. The wetlands located on the site are classified as broad-leaved deciduous forested palustrine using the Cowardian wetland classification system. The wetlands are separated from uplands by distinct breaks in topography, vegetation and/or soil. Upland areas surrounding wetland areas have bright soils that are well drained to depths of twelve inches and more below the ground surface. The portion of Wetland WA that will be impacted contains water stained leaves, hydric soils and areas of saturation. Vegetation, including sweet gum, red maple, green ash, beech, elm, privett, honeysuckle, common green briar and wetland ferns, is present. The upper reach of the portion of Wetland WC that will be impacted is located within a former drained pond basin. This portion of Wetland WC is dominated by black willow trees and saplings with sedges and rushes in the understory. Saturation and standing water have been observed at the ground surface during several site visits. PEI rated this portion of Wetland WC with the N.C. Wetland Assessment Method (NCWAM). According to the NCWAM rating, the upper reach of Wetland WC is a low quality wetland. The lower reach of the portion of Wetland WC that will to be impacted contains water stained leaves and limited areas of saturation. Vegetation including red maple, sweet gum, Chinese privett, Japanese honeysuckle and common green briar is present in the proposed area of impact. Wetland Determination Data Forms of the proposed wetland impact areas and the NCWAM rating form for the upper reach of Wetland WC are included as attachments. Clemmons Town Center November 11, 2016 PEI Project 1298.1 3.6 Watershed Classification Unnamed tributaries to Johnson Creek are located on the site. According to the NCDEQ- DWR, the site is located in the Yadkin River Basin. The NCDEQ-DWR has classified Johnson Creek, the receiving waters of the site, as WS-IV waters. 3.7 Vegetation The project area that will be altered by the proposed development contains undeveloped, wooded land and previously disturbed areas. The previously disturbed areas contain current/former stormwater retention devices, access roads and borrow areas. These areas are dominated by mixed grasses and weeds. The area of impact within the previously cleared/graded area includes the following species: fescue-Kentucky 31 (Schedonorus arundinaceus), meadow fescue (Schedonorus pratensis), bermudagrass (cynodon dactylon), Bahiagrass (Papsalum notatum), Crabgrass (Digitaria sp.), Common Dandelion (Taraxacum officinale), broomsedge (Andropogon virginicus), white clover (Trifolium repens), horsenettle (Solanum carolinense), horseweed (Conyza canadensis), common ragweed (Ambrosia artemisiifolia), wild garlic (Allium canadense) and common lespedeza (Lespedeza cuneata). The wooded land, located within the upland areas of impact, contains mixed hardwood species including various oak, hickory, beech, elm, cedar and gum and maple species within the tree/sapling stratum. Understory vegetation includes Christmas fern (Polystichum acrostichoides), Japanese honeysuckle (Lonicera japonica), green briar (Smilax rotundifolia), muscadine grape (Vitis rotundifolia), Virginia creeper (Parthenocissus quinquefolia) and ebony spleenwort (Asplenium platyneuron). Clemmons Town Center November 11, 2016 PEI Project 1298.1 The wooded land located within the jurisdictional areas of impact are dominated by the following species: Table 4: Vegetation Species Stratum Wetland Indicator Acer rubrum Canopy/Midstory Red Maple Tree/Sap FAC Fraxinus pennsylvanica Canopy/Understory Green ash Tree/Sap FACW Carpinus caroliniana Canopy/Understory American Hornbeam Tree/Sap FAC Salix nigra Midstory/Understory Black Willow Tree/Sap OBL Lonicera japonica Midstory/Understory Japanese Honeysuckle Vine/Herb FAC Vitus rotundifolia Midstory/Understory Muscadine grape Vine/Herb FAC Toxicodendron radicans Understory Poison Ivy Vine/Herb FAC Smilax rotundifolia Understory Green Briar Vine/Herb FAC Woodwardia areolata Understory Netted Chain Fern Herb OBL Boehmeria cylindrica Understory False Nettle Herb FACW 3.8 Cultural Resources PEI reviewed the N.C. State Historic Preservation Office (SHPO) Web GIS Service map of registered and eligible historic properties (Drawing 6) and the North Carolina Listings in the National Register of Historic Places, dated October 22, 2016. Neither the SHPO map nor the North Carolina list identify registered or eligible historic properties within the proposed project area. Therefore, it is our opinion that the proposed project will not impact historic properties. 3.9 Biological Resources/Endangered Species PEI reviewed the USFWS List of Federally Protected Threatened and Endangered Species for Forsyth County, dated June 24, 2015, to obtain information regarding federally listed protected, threatened, and endangered species that could be located within the proposed project area. Clemmons Town Center November 11, 2016 PEI Project 1298.1 The following species were identified on the USFWS List: Table 5: USFWS Federally Protected Threatened and Endangered Species Common Name Scientific name Federal Record Status Status Vertebrate: Bog turtleGlyptemys muhlenbergii T (S/A) Current Northern long-eared batMyotis septentrionalis T Probable/Potential Vascular Plant: Small-anthered bittercressCardamine micranthera E Historic T (S/A) – Threatened Due to Similar Appearance T – Threatened E- Endangered Bog turtle () Glyptemys muhlenbergii Description: The bog turtle is the smallest turtle in North America, rarely exceeding three or four inches in length and weighing only about four ounces. Its orange to yellow patch on either side of the neck easily distinguishes it from other turtles. Bog turtles emerge from their muddy hibernation in early to mid-April and by early May are actively seeking a mate. Adults are sexually mature at five to eight years of age. In June or July, the female lays a clutch of one to six small white elliptical eggs in a shallow “nest” she digs in a clump of sphagnum moss or tuft of grass above the water line. After seven or eight weeks of being incubated by the sun, the inch-long hatchlings emerge. Because they are born so late in the year, the hatchlings often spend their first winter near the nest. Habitat: Bog turtles live in the mud, grass and sphagnum moss of bogs, swamps, and marshy meadows. These wetlands are usually fed by cool springs flowing slowly over the land, creating the wet, muddy soil needed by the turtles. Conclusion: The proposed project will not impact wetland areas that are considered to be suitable habitat for this species. Therefore, we have made a determination of “no effect” for this species. Northern long-eared bat () Myotis septentrionalis Description: The northern long-eared bat is a medium-sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis, which are actually bats noted for their small ears (Myotis means mouse-eared). The northern long-eared bat is found across much of the eastern and north central United States and all Canadian provinces from the Atlantic coast west to the southern Northwest Territories and eastern British Columbia. The species’ range includes 39 states. White- nose syndrome, a fungal disease known to affect bats, is currently the predominant threat Clemmons Town Center November 11, 2016 PEI Project 1298.1 to this bat, especially throughout the Northeast where the species has declined by up to 99 percent from pre-white-nose syndrome levels at many hibernation sites. Although the disease has not yet spread throughout the northern long-eared bat’s entire range (white- nose syndrome is currently found in at least 22 of 39 states where the northern long-eared bat occurs), it continues to spread. Experts expect that where it spreads, it will have the same impact as seen in the Northeast. Habitat: During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non-reproductive females may also roost in cooler places, like caves and mines. This bat seems opportunistic in selecting roosts, using tree species based on suitability to retain bark or provide cavities or crevices. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They typically use large caves or mines with large passages and entrances; constant temperatures; and high humidity with no air currents. Specific areas where they hibernate have very high humidity, so much so that droplets of water are often seen on their fur. Within hibernacula, surveyors find them in small crevices or cracks, often with only the nose and ears visible. Conclusion: Hibernacula was not observed on the site. The site contains wooded areas that could be suitable summer roosting habitat for this species. Similar habitat was observed on adjoining property to the north and west of the project area. Based on a review of the June 1, 2016 Northern Long Eared Bat known populations and roost trees obtained from the Asheville Ecological Services Field Office website, the 12 digit hydrologic unit code (HUC) with the nearest confirmed hibernation and/or maternity sites is located approximately 90 miles or more from the site. The clearing of trees for construction of the project, staging areas, etc. could impact suitable maternity roost trees for northern long-eared bats. However, no known maternity roosts or hibernacula sites are within 90 miles of the project site. According to the final 4(d) rule implemented for the listing of northern long-eared bat, a cutting moratorium of June 1-July 31 should be observed within areas of habitat for this species. Because: 1) the project site is over 90-miles away from the nearest known occurrence; and 2) there is a considerable amount of suitable habitat adjacent to the site and in the surrounding area, it is our opinion that the probability of “take” that could occur from this project is discountable. Therefore, we have made a determination of “may affect, not likely to adversely affect determination” for northern long-eared bat. Small-anthered bittercress () Cardamine micranthera Description: Small-anthered bittercress is an erect, slender perennial herb with fibrous roots and one (or rarely more) simple or branched stem growing 7.9 – 15.8 inches tall. Basal leaves are 0.4 – 2 inches long, and 0.2 – 0.8 inches wide. The stem leaves are alternate and mostly unlobed, 0.4 – 0.6 inches long. Flowering and fruiting occur in April Clemmons Town Center November 11, 2016 PEI Project 1298.1 and May. The flowers, surrounded by leafy bracts, have four white petals, six stamens, and small, round anthers. Habitat: Small-anthered bittercress is found in seepages, wet rock crevices, stream banks, sandbars, and wet woods along small streams, in fully to partially-shaded areas. Conclusion: Suitable habitat for this species is not present on the site. Therefore, we have made a “no effect” determination for this species. Clemmons Town Center November 11, 2016 PEI Project 1298.1 4.0 PROJECT CONSTRUCTION The installation of the proposed road within the impact area will be completed in the following sequence:  Installation of required erosion control and sedimentation control measures/devices;  site clearing and preparation;  excavation for placement of on-site native and imported fill;  placement of fill and below ground site infrastructure;  construction of buildings and above ground site improvements; and,  seeding and mulching of disturbed areas. Fill material will be from on-site and imported material. During construction of the project, erosion control measures will be installed to minimize the amount of sediment runoff into down gradient streams and wetlands. Silt fencing and sediment skimmer basins will be used to prevent erosion and to capture sediment. Disturbed areas will be reseeded promptly, where possible, to prevent erosion and sediment runoff into streams. Stockpiling excavated soil will be avoided where possible. If temporary stockpiling is necessary, the stockpiles will be bermed and surrounded with silt fencing. Erosion control inspections will be scheduled with the City of Winston-Salem’s Inspections Department, as necessary. All construction efforts will be performed in accordance with design specifications prepared by the engineer and approved by local and state regulating authorities. Clemmons Town Center November 11, 2016 PEI Project 1298.1 5.0 ALTERNATIVES TO THE PROPOSED ACTION The applicant has completed an extensive alternatives analysis to determine the most plausible preferred alternative with minimal impact to the environment. The following alternatives identify the applicant’s needs, how alternatives to the proposed action affect those needs, any major direct environmental consequences and discussion of practicality, from an economically viable stand-point for each alternative. No Build Alternative The no build alternative was evaluated as an alternative to the proposed action. If the no-build alternative is selected, Clemmons will not receive the positive benefits of having a lifestyle center, such as the one proposed, locate to Clemmons. Some of the benefits include the creation of temporary and permanent jobs, along with other ancillary benefits including an increase in the tax base. It should be noted that if the project area will not be developed at this time, it will likely be developed later as part of a separate project. It is likely that any future development on this property will involve impacts to WoUS that exceed those proposed by the preferred alternative. An example of how a different type of commercial development could potentially impact more streams or wetlands located on the site is the Individual Permit that was withdrawn sometime in or around 2006/2007. Based on the public notice, the application was for a similar commercial use as the preferred alternative; however, in order to be economically viable that project proposed to impact 773 linear feet of stream channel and 2.78 acres of wetlands, which is a greater significant adverse impact to the environment compared to the preferred alternative. No Permit Alternative The no permit alternative was evaluated as an alternative to the proposed action. If the no permit alternative is selected, then the proposed development of the site for commercial development would be limited to avoid all impact to jurisdictional features. Based on the location of jurisdictional features, specifically Stream SA, it is not economically viable to be developed for commercial use. Additionally, for the project to obtain zoning approval from the local municipality, extension of Jessie Lane to the property south of the project was a requirement of zoning. This likely would be a requirement of the zoning authorities for any proposed development to the site for single family residential, multi-family residential or commercial uses. Therefore, this alternative is not a feasible option and was not considered further. Off-Site Alternatives Clemmons Town Center November 11, 2016 PEI Project 1298.1 The applicant performed an extensive alternatives analysis in an attempt to identify an off-site location that would meet specific siting criteria for the proposed lifestyle center (attached). The applicant evaluated six off-site locations for the proposed lifestyle shopping center. However, the off-site locations were not available and did not meet the siting criteria for the proposed project. Therefore, the off-site alternatives were not considered further. On-Site Alternative A The on-site Alternative A (attached), shows a building layout with more commercial occupant appeal as buildings are one-story, same level access for pedestrian traffic, with the exception of a five-story hotel. This is the ideal layout to attract commercial/retail occupants and restaurants as the layout provides much better aesthetic qualities and commercial appeal compared to the preferred alternative. The extension of Jessie Lane provides the “Main Street” atmosphere necessary to make a lifestyle center successful. Additionally, parking areas and vehicular drives afford a larger amount of the semi-urban mixed with traditional downtown qualities necessary to create the “Main Street” atmosphere between buildings 1, 2 and 7. Compared to the preferred alternative, alternative A is significantly more desirable to the developer because of these qualities. However, to meet project viability and commercial/residential space requirements, it is necessary to have eight buildings that encompass a much larger development footprint than the preferred alternative. Additionally, due to building and parking area footprints, this alternative results in impacts to WoUS associated with stormwater retention devices. This alternative would impact a cumulative total of an additional 880 linear feet of stream channel and 1.01 acres of wetlands compared to the preferred alternative. Based on the initial evaluation of this on-site alternative, the applicant determined that this alternative was not feasible due to the significant adverse impact to WoUS within the project area. On-Site Alternative B – Preferred Alternative The on-site Alternative B (attached) shows a less appealing layout for commercial occupants with four multi-story buildings. The buildings are orientated such that the extension of Jessie Lane will provide a “Main Street” lifestyle center atmosphere. However, the multi-story building layout combined with topographic constraints results in the need for consumers to use stairs to access commercial occupants. The lower stories of building numbers 6 and 2 will be accessed at ground level from the western side of the buildings and consumers will be afforded access to the second story of these buildings from Jessie Lane. This is significantly less desirable for commercial occupants of these buildings as there is far less pedestrian access and “Main Street” atmosphere compared to on-site alternative A. However, the developer recognizes that the proposed lifestyle center should be designed in a way to minimize adverse impact to the environment. As such, this alternative utilizes a multi-level retaining wall system to avoid impacting the majority of the higher quality Clemmons Town Center November 11, 2016 PEI Project 1298.1 wetlands and streams located on the western portion of the site. Additionally, this building and parking layout allows for the placement of stormwater retention devices outside of WoUS. Therefore, the applicant has selected this design as a preferred alternative to meet the project’s purpose and need while minimizing adverse impacts to WoUS located on the site. Clemmons Town Center November 11, 2016 PEI Project 1298.1 6.0 PROPOSED IMPACTS Construction of the proposed project will require impacts to streams and wetlands. The unavoidable impacts to streams are included in Table 5: Table 5: Proposed Stream Impacts Type of Permanent Temporary Stream Classification Impact Impact (LF) Impact (LF) SA Intermittent Fill 573.5 0 SC Perennial Culvert Fill 19.3 0 SC Perennial Rip-Rap Fill 43.9 12 Total Cumulative Impacts 636.7 12 The proposed project will permanently impact a cumulative total of 636.7 linear feet of stream channel. Of the 636.7 linear feet, 43.9 linear feet of stream channel impact is a result of a rip-rap dissipater. The rip-rap dissipater has been designed to be keyed into the existing bed and banks, thus, not resulting in a permanent loss of aquatic habitat. Installation of the rip-rap dissipater pad will temporarily impact 12 liner feet of stream channel. Following rip-rap installation, the contractor will restore the stream bed and banks to similar pre-construction conditions. The banks will be matted, seeded and stabilized with live stakes or other woody vegetation. The unavoidable impacts to wetlands are included in Table 6: Table 6: Proposed Wetland Impacts Cowardian Type of Permanent Temporary Wetland Classification Impact Impact (SF/Ac) Impact (SF/Ac) WA PFO Fill 2,343.7/0.054 0 WC PFO Fill 978/0.0225 0 WC PFO Conversion 727/0.0167 0 WC PFO Fill 526.3/0.012 152.6/0.003 Total Cumulative Impacts 4,575/0.105 152.6/0.003 The proposed project will permanently impact a cumulative total of 0.105 acres of wetlands. Of the 0.105 acres, 0.0167 acres will be impacted associated with the conversion of forested wetlands to emergent wetlands. This is associated with the construction of a retaining wall and the long-term maintenance concerns of woody Clemmons Town Center November 11, 2016 PEI Project 1298.1 vegetation growing in proximity to the retaining wall. Following construction of the retaining wall, grades in this area will be returned to similar pre-construction conditions and stabilized with native herbaceous vegetation. Additionally, 0.003 acres of wetlands will be temporarily impacted associated with the installation of the rip-rap dissipater. Following disturbance activities and installation of the rip-rap dissipater pad, the contractor will restore grades to similar pre-construction slopes and plant woody vegetation/live stakes within the area of temporary impact. Clemmons Town Center November 11, 2016 PEI Project 1298.1 7.0 AVOIDANCE AND MINIMIZATION Based on the alternative’s analysis completed by the applicant, the preferred alternative was determined to be the least damaging to the environment while still meeting the applicant’s purpose and need. The preferred alternative has far less negative impact to streams and wetlands than other considered alternatives. Additionally, the preferred alternative has significantly less impact to WoUS than former permit applications submitted for the site for the same proposed use. It is likely that other similar development of the site, if conducted at a later time, would result in significantly greater impact to WoUS than those proposed by the preferred alternative. The applicant has incorporated the use of retaining walls at significantly increased construction costs in efforts to further minimize the impact to the environment and jurisdictional features. Two approximate 10 feet tall retaining walls are being proposed to avoid impact to the majority of streams and wetlands located on the western portion of the site. Additionally, approximate 10 feet tall head and end walls have greatly reduced additional impact to streams and wetlands located on the southern portion of the site associated with the culvert installation for the proposed extension of Jessie Lane. Through design techniques, the applicant has attempted to minimize the amount of net loss of WoUS associated with project development. The applicant proposes to convert forested wetlands to emergent wetlands in areas in proximity to retaining walls. Additionally, the applicant is proposing to re-plant areas of temporary stream and wetland impact associated with the installation of the culvert’s rip-rap dissipater pad. Finally, the applicant is proposing to “key in” the culvert’s rip-rap dissipater pad to the existing stream bed and bank. This involves the permanent placement of fill beneath the ordinary high water mark; however, there will be no net loss of the stream’s aquatic life or habitat. The sequence of construction has been designed to minimize areas of exposed/bare soils. During construction of the project, erosion control devices will be routinely inspected and maintained to minimize the amount of sediment runoff into down-gradient streams and wetlands. Disturbed areas will be reseeded promptly, where possible, to prevent future erosion and sediment runoff into streams. Stockpiling excavated soil will be avoided where possible. If temporary stockpiling is necessary, the stockpiles be bermed and surrounded with silt fencing. Erosion control inspections will be scheduled with the City of Winston-Salem’s Inspections Department as required. All construction activities will be conducted in accordance with the design specifications prepared by the engineer and approved by local and state regulating authorities. There are approximately 1,351 linear feet of perennial stream channel, 637 linear feet of intermittent steam channel and 1.725 acres of wetlands located in the site. Impacts to 1,287.8 linear feet of perennial stream channel, 63.5 linear feet of intermittent stream channel and 1.572 acres of wetlands have been avoided. Additional impacts to jurisdictional features beyond those that are proposed in this project are not anticipated. Clemmons Town Center November 11, 2016 PEI Project 1298.1 8.0 PROPOSED MITIGATION The applicant has attempted to avoid and minimize impacts where possible and will compensate to the extent practicable, for the remaining unavoidable losses with mitigation. The applicant proposes the following mitigation for the unavoidable impacts to mitigable features below: Table 7 Stream Mitigation Proposal Type of Proposed Impact Amount Impact Required Impact Mitigation Feature Credits Ratio SA Fill 1:1 573.5 LF 573.5 LF SC Culvert/Fill 2:1 19.3 LF 38.6 LF SC Rip-Rap/Fill 0 43.9 LF 0 LF SA* 65 1:1 65 LF 65 LF Stream Total 701.7 LF 677.1 LF *denotes mitigation from previous impact to WoUS under SAW-2013-01201 Table 8 Wetland Mitigation Proposal Proposed Impact Type of Required Mitigation Impact Amount Feature Impact Credits Ratio WA Fill 2:1 2,343.7 SF 4,687.4 SF WC Fill 2:1 978 SF 1,956 SF WC Conversion 1:1 727 SF 727 SF WC Fill 2:1 526.3 SF 1,052.6 SF WC/SA* Fill 2:1 1,183 SF 2,366 SF 5,758 SF 10,789 SF Wetland Total 0.2477 Ac 0.1322 Ac *denotes mitigation from previous impact to WoUS under SAW-2013-1201 The applicant proposes to compensate for impacts for the construction of the proposed project by offering payment into the NCDEQ-Division of Mitigation Services (DMS) and/or private mitigation banks. In addition to impacts proposed in this application, the applicant proposes to provide mitigation for impacts associated with the development of the parcel south of the project area, Clemmons Town Center Apartments, LLC (SAW-2013-01201). Private mitigation banks, in the watershed of the proposed project, did not have credits available at the time of the applicant’s request. According to a November 14, 2016 letter issued by the NCDEQ-DMS, the required mitigation credits are now available. A copy of the letter is included as an attachment. At the ratios proposed, the applicant will receive 678 linear feet of stream channel credits and 0.25 acres of wetland credits, which will exceed mitigation credit requirements. Clemmons Town Center November 11, 2016 PEI Project 1298.1 Clemmons Town Center November 11, 2016 PEI Project 1298.1 9.0 REFERENCES USGS Topographic Map, Clemmons North Carolina Quadrangle dated 1968 revised 1994. USGS Topographic Map, Winton Salem West North Carolina Quadrangle dated 2001. North Carolina Geological Survey Geologic Map of North Carolina dated 1985. Forsyth County Hydric Soils List, provided by the USDA Natural Resources Conservation Service http://soils.usda.gov/use/hydric/ U.S. Department of Agriculture, Natural Resources Conservation Service Web Soil Survey of Guilford County, http://websoilsurvey.nrcs.usda.gov/app/HomePage.htm U.S. Department of Agriculture, Natural Resources Conservation Service Soil Survey, Published 1976, Sheet 43 Federal Emergency Management Act Flood Insurance Rate Map Number 3710588300J U.S. Fish and Wildlife Service National Wetland Inventory Maps http://www.fws.gov/wetlands/Data/Mapper.html North Carolina State Historic Preservation Office, Listings in the National Register of Historic Places Dated October 22, 2016 http://www.hpo.ncdcr.gov/NR-PDFs.html North Carolina State Historic Preservation Office, Web GIS Service http://gis.ncdcr.gov/hpoweb/ U.S. Fish and Wildlife, List of Threatened and Endangered Species in Guilford County, Dated June 24, 2015 http://www.fws.gov/raleigh/species/cntylist/guilford.html Clemmons Town Center November 11, 2016 PEI Project 1298.1 10.0 ATTACHMENTS Civil Exhibits NWP 12 & 29 Verification SAW-2013-01201 Dated July 2, 2013 NCDENR-DWR 401 WQC Dated July 23, 2013 Drawings: Drawing 1 – USGS Topographic Map Drawing 2 – Soil Survey Map Drawing 2A – Last Published Soil Survey Map Drawing 3 – National Wetlands Inventory Map Drawing 4 – FEMA FIRM Map Drawing 5 – Project Area Delineation Map Drawing 6 – SHPO Web GIS Service Map Stream Data Forms Wetland Data Forms NCWAM Data Form Off-Site Alternative’s Analysis On-Site Alternative A Exhibit On-Site Alternative B Exhibit NCDEQ-DWR DMS Letter Dated November 14, 2016