20151256 Ver 2_Public Notice_20171027

Burdette, Jennifer a
From:Harrington, Dorothy CIV USARMY CESAW (US)
<[e-mail]>
Sent:Friday, October 27, 2017 11:14 AM
To:Alexander, Tasha L CIV USARMY CESAW (US)
Cc:Smith, Ronnie D CIV USARMY CESAW (US); Harrington, Dorothy CIV USARMY CESAW
(US)
Subject:\[External\] US Army Corps of Engineers Public Notice
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As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a
Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home
Page. Each Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download at
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx.

The current notice involves:

Corps Action ID#: SAW-2014-02127
Issue Date: 27 October 2017
Applicant : Scannell Development Company
Project Name: Hodge Road Business Park
Expiration Date: 27 November 2017
Point of Contact: Tasha Alexander

Project Description: The Raleigh Regulatory Field Office, Corps of Engineers (Corps) has received an application from
Scannell Development Company seeking Department of the Army authorization to impact 1.193 acres of wetlands,
associated with the construction of the Hodge Road Business Park, a 1,000,000 square foot distribution hub, at 2309
Hodge Road, in Knightdale, Wake County, North Carolina.

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Dorothy Harrington
Regulatory Program Assistant (OA)
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Phone: [phone] Ext 28
Fax: [phone]
Phone: x4747 (Wilm)

Regulatory Homepage:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx

1

US Army Corps
PUBLIC NOTICE
Of Engineers

Wilmington District

Issue Date: October 27, 2017
Comment Deadline: November 27, 2017
Corps Action ID Number: SAW-2014-02127

The Wilmington District, Corps of Engineers (Corps) received an application from
Scannell Development Company seeking Department of the Army authorization to
impact 1.193 acres of wetlands, associated with the construction of the Hodge Road
Business Park, a 1,000,000 square foot distribution hub, at 2309 Hodge Road, in
Knightdale, Wake 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
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx

Applicant: Scannell Development Company
Mr. Joel Scannell
8801 River Crossing Blvd, Suite 300
Indianapolis, Indiana 46240

AGENT: Spangler Environmental, Inc.
Mr. James Spangler
4338 Bland Road
Raleigh, North Carolina 27609

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

Location Description:

Project Area (acres): 78.8
Nearest Town: Knightdale
Nearest Waterway: Unnamed tributary to Neuse River
River Basin: Neuse/03020201
Latitude and Longitude: 35.7632 N, -78.5139 W

Existing Site Conditions

The site is located at 2309 Hodge Road, approximately 2,000 feet north of the
intersection of Hodge Road and Poole Road, in Knightdale. The original site conditions
contained two abandoned single family residences with several small out buildings
associated with past farming activities. The applicant obtained nationwide permit
verifications to permanently impact 0.465 acre of wetlands and temporarily impact 0.164
acre of wetlands associated with the initial phase of the development. Phase I of the
development is currently underway and the site is now partially-developed with
warehouses. The 0.465 acre of permanent wetland impact has been completed by the
filling of wetlands C2 and C3 and the partial filling of wetland F. The 0.164 acre of
temporary fill was originally proposed as the result of the installation of an offsite sewer
connection. The Town of Knightdale will extend sewer main to the project site therefore
the wetland impacts are no longer needed and were not completed. The undisturbed
portion of the site is a mixture of sparse wooded areas and formerly cultivated fields.
Most of the fields are within the western and northern portions of the site, while the
wooded areas are in the eastern portion of the site. The sparse mixture of vegetation is a
result of the original land owner timbering the site many years ago. The site contains two
unnamed tributaries to the Neuse River and nine jurisdictional riparian wetlands. These
wetlands were rated utilizing the North Carolina Wetland Assessment Method
(NCWAM) as either low, medium, or high quality. Tributary B is a perennial stream
which runs west to east on the north side of the site and is approximately 1,315 linear
feet. Tributary J is an intermittent stream, approximately 40 linear feet, which drains to
tributary B. Tributary B has two high quality abutting wetlands, A and B, which
cumulatively total 1.312 acres. The remainder of the wetlands onsite, D1, D2, D3, D4,
D5, E, and F, are located to south and cumulatively total 1.193 acres. These wetlands
developed after the breach of a farm pond and are medium quality. The site is located in
the Neuse River Basin. The current conditions include a 150,000 square foot warehouse,
Building #1, associated parking and truck court, public infrastructure (spine road, water,
sewer, and storm drainage), a poured concrete pad and steel superstructure for Building #
2, interior and perimeter landscaping, and a stormwater control measure.

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The purpose of the project is to construct an approximately 1,000,000 square foot
warehouse distribution hub, including office space, required semi-truck roadway,
circulation, parking and loading infrastructure, along with the required stormwater and
utility services. This proposed project is located in a geographic location along major
interstate highway corridors approximately mid-way between the planned CCX rail hub
and major central North Carolina Air freight hub(s) in Raleigh and the Triad.

Project Description

The overall project involves the construction of six warehouse style buildings totaling
1,008,000 square feet. Phase I construction has already begun. The proposed project
involves construction of four additional buildings. The distribution hub requires a semi-
tuck roadway, circulation, parking and loading infrastructure, stormwater management
facilities, and utilities. The continued development at the site proposes to impact 1.193
acres of wetlands which include the filling of wetlands D1, D2, D3, D4, D5, E, and the
remainder of wetland F totaling 1.193 acres of permanent impacts. Cumulatively, the
project would impact 1.658 acres of wetlands. Mitigation was required for the initial
phase of the development. The applicant purchased 0.93 acre of riparian wetland credits
from a private mitigation bank to fulfill the mitigation requirements.

Avoidance and Minimization

The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: The preferred alternative was designed to
avoid the higher quality wetlands (A and B) on the northeastern portion of the property.
All streams were avoided. Additionally, the previously authorized, off-site sewer line
impacts were abandoned avoiding 0.164 acres of wetlands.

Compensatory Mitigation

The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The applicant proposed a 2:1 mitigation ratio
to offset all wetland impacts. The applicant plans to purchase available mitigation credits
from private mitigation banks and will satisfy the remainder of the necessary mitigation
through the North Carolina Division of Mitigation Services (DMS). Statements of
availability from either a bank or DMS were not provided.

Essential Fish Habitat

Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
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.
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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:

Should historic properties, or properties eligible for inclusion in the National
mit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.

No historic properties, nor properties eligible for inclusion in the National
be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).

Properties ineligible for inclusion in the National Register are present within the
no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).

Historic properties, or properties eligible for inclusion in the National Register,
no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).

Historic properties, or properties eligible for inclusion in the National Register,
may have an
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).

The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to
identify and assess any historic or prehistoric resources that may be present.

coordination with the SHPO and/or THPO, as appropriate and required, and with full
and indirect effects on
historic properties within the Corps-indentified permit area.

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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 would not affect federally listed
endangered or threatened species or their formally designated critical habitat.

The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.

The Corps reviewed this project in accordance with (IAW) the NLEB
Standard Local Operating Procedures for Endangered Species (SLOPES) between
the USACE, Wilmington District, and the Asheville and Raleigh U.S. Fish and
Wildlife Service (Service) Offices, and determined that the action area for this
project is located outside of the highlighted areas/red 12-digit HUCs and activities
in the action area do not require prohibited incidental take; as such, this project
meets the criteria for the 4(d) rule and any associated take is exempted/excepted.

The Corps initiates consultation under Section 7 of the ESA and will not make
a permit decision until the consultation process is complete.

The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.

The Corps has initiated consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.

The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
Consultation has been completed for this type of activity and the effects of the
proposed activity have been evaluated and/or authorized by the National Marine
Fisheries Service (NMFS) in the South Atlantic Regional Biological Opinion or
its associated documents, including 7(a)(2) & 7(d) analyses and Critical Habitat
assessments. A copy of this public notice will be sent to the NMFS.

The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
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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 notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. 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 regarding the application
for a 401 Certification should do so, in writing, by November 16, 2017 to:

NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(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):

The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the
proposed work until the applicant submits such a certification to the Corps and
the NCDCM, and the NCDCM notifies the Corps that it concurs with the
consistency certification. As the application did not include the
consistency certification, the Corps will request, upon receipt,, concurrence or
objection from the 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.
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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

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, November 27, 2017. Comments should
be submitted to Tasha Alexander, Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 , Wake Forest, North Carolina 27587, at (919) 554-
4884 ext. 35.
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