20181194 Ver 1_PUBLIC NOTICE - SAW201800162PN_20181019

M 0
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: October 19, 2018
Comment Deadline: November 19, 2018
Corps Action ID Number: SAW -2018-00162
The Wilmington District, Corps of Engineers (Corps) received an application from Mr. Dan Lacz
of SL Horton Road LLC seeking Department of the Army authorization to grade and place fill
material in 0.017 acre of wetlands, 115 linear feet of stream, and 1.009 acres of open water, to
facilitate the construction of a commercial warehousing and distribution center in Charlotte,
Mecklenburg 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:
AGENT (if applicable):
Authority
SL Horton Road LLC
Attn: Mr. Dan Lacz
195 Morristown Road
Basking Ridge, NJ 07920
danlaczLa�silvermangroup.net
973-634-1214
Atlas Environmental, Inc.
Attn: Mrs. Jennifer Robertson
712 English Tudor Lane
Charlotte, NC 28211
irobertsonLgr atlasenvi.com
704-512-1206
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. 14 13)
Version 6.15.2017 Page 1

Location
Location Description: The project site is located at 10137 Horton Road, Charlotte (Mecklenburg
County), North Carolina off I-485 exit 6 (West Blvd).
Project Area (acres): — 42.6 Nearest Town: Charlotte
Latitude and Longitude: 35.18432 N, -80.97293 W River Basin: Catawba
Nearest Waterway: Legion Lake and Shoaf Lake to Beaverdam Creek
Existing Site Conditions
The project site contains 1,171 linear feet of perennial stream, 176 linear feet of intermittent
stream, 0.058 acre of wetlands, and 1.009 acres of open water. The majority of the project site
was clear cut and then planted in loblolly pines in 2016 by the previous property owner under a
forestry management plan. The site contains mature hardwoods and a sparse herbaceous layer
along the perennial stream. Canopy tree species include tulip popular (Liriodendron tulipifera),
red maple (Acer rubrum), southern red oak (Quercus falcata), and northern red oak (Quercus
rubra). Saplings/shrub species include American beech (Fagus grandifolia), red maple (Acer
rubrum), and sourwood (Oxydendrum arboreum). Herbaceous species include poison ivy
(Toxicodendron radicans), Christmas fern (Polystichum acrostichoides), Virginia creeper
(Parthenocissus quinquefolia), and little brown jug (Hexastylis arifolia). Maintained areas on
site include species such as ragweed (Ambrosia artemisiifolia), goldenrod (Solidago canadensis),
pokeweed (Phytolacca americana), broadleaf plantain (Plantain major), tall fescue (Festuca
arundinacea), and white clover (Trifolium repens).
Applicant's Stated Purpose
The overall project purpose is to provide warehouse space for vendors that do business at the
Charlotte Regional Intermodal Facility (CRIF) and Charlotte International Airport (CLT).
Project Description
The proposed development includes the construction of one commercial warehouse building that
would include approximately 421,900 square feet of usable space and would be available for
single or multi -tenant leasing. Site development would include construction of the warehouse
building, two trailer parking areas, two employee parking areas, two truck courts, and two
stormwater management ponds. The property is located less than 1.5 driving miles from the
CRIF and CLT and would provide easy access to these facilities. The proposed impacts to waters
of the United States are shown in Table 1.
Version 6.15.2017 Page 2

Table 1. Summary of Project Impacts
Impact 4
Resource ID
Resource Type
Quality
Impact
Units
Amount
1
Pond 1
Open Water W
N/A
1.009
Acre
2
CH 200
Intermittent Stream
Lo -,v
115
Linear Feet
WL jQQQAW
Wetla
Medium
0.00
Acre
4
WL 3000
Wetland
Low
0.002
Acre
5
WL 3100
0.006
Acre
6
WL 3200
Wetland
Low
0.003
Acre
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment:
The applicant would avoid 1,232 linear feet of stream and 0.041 acre of wetland on the project
site. The perennial stream onsite would be avoided. The wetland that would be avoided is a
higher quality floodplain wetland. The stream impact associated with the initial design plan was
reduced from 145 linear feet to 115 linear feet. No development would occur within the
delineated floodplain areas. The project would avoid 88.5% of the streams and 70.7% of the
wetlands on site.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
The applicant is proposing enhanced stormwater BMPs and onsite riparian buffer preservation to
compensate for the loss of 1.009 acre of impounded waters of the United States. Stormwater
discharging coming fi7om the site, outside of the regulated floodplain, would be controlled for the
50 -year event versus the 25 -year storm event required by local regulations. This would reduce
the volume and frequency of discharges coming from the project site. This reduction of flow
would decrease potential sediment from stream bank erosion at the downstream receiving waters
and reduce flashy storm flows during large storm events. Stream buffers along the
intermittent/perennial stream at the eastern property boundary would be established and would
range from 35 linear feet to 230 linear feet in width and would total —5.7 acres in area. The
proposed buffer widths would exceed the 30 linear foot and 35 linear foot post construction
stream buffers required by Mecklenburg County.
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 Corps' initial
determination is that the proposed project would not effect EFH or associated fisheries managed
by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
Version 6.15.2017 Page 3

Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33
CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the
District Engineer consulted district files and records and the latest published version of the
National Register of Historic Places and initially determines that:
No historic properties, nor properties eligible for inclusion in the National Register, are
present within the Corps' permit area; therefore, there will be no historic properties
affected. The SHPO issued a letter to the applicant dated May 7, 2018 that their office
had no comment on the project as proposed.
The District Engineer's final eligibility and effect determination will be based upon coordination
with the SHPO and/or THPO, as appropriate and required, and with full consideration given to
the proposed undertaking's potential direct and indirect effects on historic properties within the
Corps-indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area, examined
all information provided by the applicant and consulted the latest North Carolina Natural
Heritage Database. Based on available information:
The Corps determines that the proposed project may affect federally listed endangered or
threatened species or their formally designated critical habitat.
R The Corps initiates consultation under Section 7 of the ESA and will not make a
permit decision until the consultation process is complete.
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 19, 2018 to:
Version 6.15.2017 Page 4

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):
R Based upon all available information, the Corps determines that this application for a
Department of Army (DA) permit does not involve an activity which would affect the coastal
zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts
including cumulative impacts of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The benefit
which reasonably may be expected to accrue from the proposal must be balanced against its
reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof, among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
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.
Version 6.15.2017 Page S

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 19, 2018. Comments should be
submitted to Mr. David Shaeffer, Regulatory Project Manager, Asheville Regulatory Field
Office, 151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006, telephone at
[phone] or email at David. L. ShaefferLar usace. army. mil.
Version 6.15.2017 Page 6

AN \
c,`
7.!Z
S<t4
'Wv '
Project Name: Charlotte Intermodal Logistics Center
Location: 10137 Horton Rd Charlotte, NC 28278
For: The Silverman Group Attn: Dan La¢
Coordinates: 35.18432, -80.97293
Date: August 01, 2018

Water of U.S.
Impoundment 1
1.009 Ac
Legend
0 Project Boundary
Delineation
Intermittent
Perennial
Pond
Wetland
Streets
'"
Waters of the U.S. Aquatic Resource Sketch Map
Upland Data Form 1000
l
Wetland Data Fo
rm J
1
DWR Stream
DWR Stream Form 1
Upland Data Form 2000
wetland Data Form 2000
Project Name: Horton Road
Location: 10137 Horton Rd Charlotte, NC 28278
For: The Silverman Group Attn: Dan Lacz
Coordinates: 35.18432, -80.97293
DWR Stream Form 3
Water of U.S.
s-RPW
CH 100: 353 Linear Feet
Water of the U.S.
Directly Abutting
WL 1000; 0.006 Ac
Water of U.S.
«
s-RPW
CH 200; 176 Linear Feet
Water of U.S.
p-RPW
CH 100; 818 Linear Feet
Water of the U.S.
Directly Abutting
WL 2000: 0.041 Ac
0 100
Date: February 28, 2018: Revised May 3

�-t
Project Name: Horton Road Project
Location: 10137 Horton Rd Charlotte, NC 28278
For: The Silverman Group: Attn: Dan Lacz
Coordinates: 35.18432, -80.97293
Date Created: 8/15/2018 Updated: 10/0

VICINITY MAP
NOT TO SCALE
SUBDRAIN DETAIL
Stream: CH 100
Wetland: WL 100C
32
'WL 00 Impact 5: 0.006 Acr,
0.003 A.res
stream: CH 200
Impact 6:115 Linear I
Welland: WL 200(
ripact 4701%9 Acres