HomeMy WebLinkAbout20171527 Ver 1_Public Notice_20190123
PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: January 23, 2019
Comment Deadline: February 22, 2019
Corps Action ID Number: SAW-2016-02542
The Wilmington District, Corps of Engineers (Corps) received an application from
Person Countyseeking Department of the Armyauthorization to discharge
dredged or fill material into waters of the United States, associated with the
construction of a semiconductor chip manufacturing plant ona318 acreparcelof
land that is situated within a larger tract of land (approximately 1,456 acres)
designated by Person County as the Person County Mega Park. The proposed
project includes off-site transportation and utility improvements. The proposed
project site is locatedsouth of Edwin Robertson Road, on both sides of Country
Club Road, north of the City of Roxboro, Person County, North Carolina.
Specific plans and location information are described below. Due to the large
number of permit drawing plans associated with this proposal, they are not
included with this Public Notice.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:Person County
Mr. David Newell
Post Office Box 1824
Roxboro, North Carolina 27573
AGENT (if applicable):Timmons Group
Ms. Anna Reusche
5410 Trinity Road, Suite 102
Raleigh, North Carolina 27607
Authority
The Corps evaluatesthis application and decideswhether 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 (33U.S.C.1413)
Location
Location Description:The project area is composed of the proposed
semiconductor chip manufacturing plantand the proposed utility and
transportation improvement sites.
The semiconductor chip manufacturing plant site is located in northern Person
County,approximately 1.8 miles north of the City of Roxboro. The site is situated
on both sides of Country Club Road, immediately south of its intersection with
Edwin Robertson Road.
The proposed route for the water utilitywould begin in the semiconductor chip
manufacturing plant site and follow Country Club Roadsouth to Cavel-Club Lake
Road. At the intersection of Country Club Road and Cavel-Club Lake Road, the
water utilitywould follow Cavel-Club Lake Road west andterminateat Kelly
Carver Road.
The proposed route for the gas utilitywould begin at the intersection of Edwin
Robertson Roadand Country Club Road,followingCountry Club Road south to
its intersection with Community House Road. The route would then follow
Community House Road, which turns into McGhees Mill Road,west to its termini
at the intersection of McGhees Mill RoadandConcord Ceffo Road.
The proposed transportation improvements would be located along Country Club
Road, Edwin Robertson Road, Shiloh Church Road, and at the Country Club
Road/Chub Lake Road and Shiloh Church Road/US 501 intersections. The
proposed transportation improvements would remove a portion of Country Club
Road within the footprint of the proposed semiconductor chip manufacturing
facility. Traffic from the new northern terminus of Country Club Road would be
reroutedaround the semiconductor chip manufacturing plant vianew roads
spanningto the east and west around the site,both of which wouldterminateat
Edwin Robertson Road. Transportation improvements along Edwin Robertson
Road would begin at the semiconductor chip manufacturing plant site and follow
Edwin Robertson Road, which turns to Shiloh Church Road at Woodsdale Road,
east to US 501 (Boston Road). Intersection improvements are proposed to the
Country Club Road/Chub Lake Road and Shiloh Church Road/US 501
intersections.
Project Area (acres):318 acres
Nearest Town:Roxboro
Nearest Waterways:Marlowe Creek and Story’sCreek
River Basin:Roanoke
Latitude and Longitude:36.478476 N,-78.990137 W
Existing Site Conditions
The 318 acre project area for the semiconductor chip manufacturing facility and
associated infrastructure is located in the piedmont physiographic region of North
Carolina. The project area has moderate slopes along a ridgeline that bisects the
center of the property. Elevations range from 450feet above mean sea level
(MSL) along the boundaries to 500 feet MSL in the center of the Project Site.
Current land use in the project areaincludes both forested and maintained areas.
Forested areas on the site are characterized as pine and mixed hardwood
communities. Maintained areas in the project areainclude agricultural fields used
for grazing cattle, one single-family home, and an electrical transmission
easement. Land use surrounding the proposed projectis predominately
undeveloped forestlands interspersed with agricultural fields and single-family
residential homes.
The project area is located in the Roanoke River watershed (Hydrologic Unit
Code (HUC)03010104) and includes perennial and intermittent streams and
adjacent wetlands. Surface waters on the property drain to three named water
bodiesthat occur within the project area, includingStory’sCreek,Marlowe
Creek, and Castle Creek; these streams all drain to the Hyco River which drains
to the Roanoke River.
The project area contains approximately 10,529 linear feet (lf) of streams.
Substrate in the streams range from silt/sand to cobble/gravel and Ordinary High
Water Mark (OHWM) indicators included natural lines impressed on the banks,
shelving, matted down vegetation, disturbed leaf litter, sediment deposition,
wrack lines, sediment sorting, and bank scour.All streams inthe project area
carry the North Carolina Division of Water Resources (NCDWR) surface water
classification of “C.” The classification C refers to those waters protected for uses
such as secondary recreation, fishing, wildlife, fish consumption, aquatic life
including propagation, survival and maintenance of biological integrity, and
agriculture. Secondary recreation includes wading, boating, and other uses
involving human body contact with water where such activities take place in an
infrequent, unorganized, or incidental manner.
The project area contains approximately 1.94 acres of wetlands. These wetlands
are primarily characterized by the North Carolina Wetland Assessment Method
(NCWAM) as headwater forest wetlands and bottomland hardwood forest.
Vegetation in the headwater forest wetlands consistsof a canopy dominatedby
black willow(Salix nigra), river birch(Betula nigra), sweetgum(Liquidambar
styraciflua),loblolly pine (Pinus taeda),and red maple (Acer rubrum); a
sapling/shrub layer dominated by the same tree species listed for the canopy
plusChinese privet (Ligustrum sinense); and a herbaceous and woody vine layer
dominated by soft rush (Juncus effusus) lizard’s tail (Saururus cernuus),
woolgrass (Scirpus cyperinus), common greenbrier (Smilax rotundifolia), wild
grape (Vitis rotundifolia), and poison-ivy (Toxicodendron radicans). Vegetation in
the bottomland hardwood forest consistsof a canopy dominated by willow oak
(Quercus phellos), green ash (Fraxinus pennsylvanica), tulippoplar (Liriodendron
tulipifera), and red maple; a sapling/shrub layer dominated by willow oak, green
ash, and Chinese privet; and a herbaceous and woody vine layer dominated by
Japanesestilt-grass (Microstegium vimineum) and poison-ivy.
The entirety of the 1,456-acre Person County Mega Park was delineated to
identify the presence and location of potentially jurisdictional waters of the United
States. The initial field work for the delineationwas conducted in June and
August of 2016. The delineation was verified by Eric Alsmeyer of the U.S. Army
Corps of Engineers, Wilmington District (Corps) on July 28, August 4,and August
5, 2016. Additional areas associated with roadway improvements were
delineated in November 2017 and were reviewedby the Corpsand the NCDWR
on May 3, 2018.
Applicant’s Stated Purpose
The applicant’s stated purpose is to develop a semiconductor chip manufacturing
plant at the Person County Mega Park, which will serve to bring significant
economic relief to the citizens of Person County. To date, the applicant has not
identified a tenant or user for the proposed site.
Project Description
The overall proposed project includes a semiconductor chip manufacturing plant,
transportationimprovements, and the installation of waterand natural gas
infrastructure. Implementation of the proposed project would result in direct
impacts to 10,529 lf of streams and 1.94 acres of wetlands.There are no impacts
proposed by either the associated water or gas utility infrastructure projects.
The proposed project wouldbe constructed in two phases.Phase 1 would
consistof the construction of the semiconductor chip manufacturing plant and
would result in permanent impacts to 6,851 lfof stream and 1.56 acresof
wetland. Phase 2 would consist of theassociated transportationimprovements
and utility infrastructure projectsand would result in permanent impacts to an
additional 3,678 lfof stream and 0.38 acre of wetlands.
The proposed semiconductor chip manufacturing plant would involve the
construction of an approximately 318 acre development pad, with plans for the
construction of buildings and parking lots.The proposed transportation
improvements would consist of road widening, interchange improvements,and
additional lanes.The proposed water utility projectwould be a 30-inch waterline
that would be serviced by the City of Roxboro. The applicant did not provide
much detail concerning the proposed natural gas utility project otherthan the
proposed route. The applicant stated that no impacts are proposed as a result of
the proposed water or gas utility projects that are associated with the project.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid
and/or minimize impacts to the aquatic environment: Several alternatives were
evaluated during the design process in an effort to avoid and minimize impacts to
jurisdictional resources within the site and along the proposed infrastructure
extensions. The applicanthas attempted to avoid and minimize impacts to water
resources by designing perpendicular road crossings, where feasible, and
utilizing erosion control Best Management Practices (BMPs) to minimize impacts
associated with offsite sedimentation.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset
unavoidable functional loss to the aquatic environment: Due to the absence of
private mitigation banks in the area, compensatory mitigation for these
unavoidable impacts wouldbe achieved through payment tothe North Carolina
Division of Mitigation Services (NCDMS). A conditional letter of approval was
provided by NCDMS for the necessary credits. Based on the response from
NCDMS, they currently have most of the credits needed in the 03010104 HUC.
However, should that change at the time payment is made, NCDMS may
propose to useadjacent HUCs to fill the mitigation needs of the proposed project
contingent on approval from the regulatory agencies. Because of the rural nature
of the Roanoke watershed and the lack of demand for mitigation within this
watershed, the North Carolina Interagency Review Teamhas identified
neighboring HUCswithin the Roanoke watershed, including 03010103,
03010104or 03010102, as additional opportunities for mitigation.
The applicant also proposes toexplore permittee-responsible mitigation options
as part of the permitting process. The applicant states that payment to the
NCDMSwould be an option; however, flexibility to explore other mitigation
opportunities that can better serve the public and environment may be
incorporated into the final mitigation package proposed for the project. The
applicant suggests that alternative mitigationopportunities would allow them to
pursue projects that directly benefit Person County and allow for potential
mitigation to occur in close proximity to the impact site. The applicantstates that
they woulduse a collaborative watershed planning process to incorporate and
solicit input directly from affected stakeholders whendeveloping a mitigation
plan. The applicant indicates that planning efforts would identify and prioritize
aquatic resource restoration, establishment, and enhancement activities, and
preservation of existing aquatic resources that are important for maintaining or
improving ecological functions of the watershed within Person 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 effectEFH or associated fisheries managed by the South Atlantic or
Mid Atlantic Fishery Management Councils or the National Marine Fisheries
Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966,
Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for
Implementing Appendix C, the District Engineer consulted district files and
records and the latest published version of the National Register of Historic
Places and initially determines that:
Should historic properties, or properties eligible for inclusion in the
National Register, be present within the Corps’ permit area; the proposed
activity requiring the DA permit (the undertaking) is a type of activity that
will have no potential to cause an effectto an historic properties.
No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps’ permit area; therefore, there will be
no historic properties affected. The Corps subsequently requests
concurrence from the SHPO (or THPO).
Properties ineligible forinclusion in the National Register are present
within the Corps’ permit area; there will be 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, are present within the Corps’ permit area; however, the
undertaking will haveno 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, are present within the Corps’ permit area; moreover, the
undertaking may have an adverse effecton 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 forthe 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.
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 Corpsreviewed the project
area, examined all information provided by the applicant and consulted the latest
North Carolina Natural Heritage Database.Based on available information:
TheCorpsdeterminesthat the proposed project wouldnot 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 determines that the proposed project may affectfederally 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.
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 theNCDWRissues, denies, or
waives the state Certificationasrequired 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
constitutesinitial receipt of an application for a 401 Certification. A waiver will be
deemed to occur if the NCDWRfails to act on this request for certification within
sixty daysof receiptof a complete application. Additional informationregarding
the 401 Certification may be reviewed at the NCDWRCentral Office,
401 and BufferPermitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to makecomments regarding the
application for a 401 Certification should do so,in writing, by February 15, 2019,
to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1617Mail 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 includea certificationthat the proposed work
complies with and would beconducted 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
andthe NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant’s consistency certification. As the application did not includethe
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 impactsof 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 consolidatedState 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 reasonsforholding 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, February 22, 2019.
Comments should be submitted to Mr. Ross Sullivan,
Raleigh Regulatory Field Office,3331 Heritage Trade Drive, Suite 105 ,
Wake Forest, North Carolina 27587, at (919)554-4884 extension 25 or
roscoe.l.sullivan@usace.army.mil.
Due to the current lapse in funding for other Federal agencies that may have an
interest in commenting on the proposed action, the District Engineer may extend
the comment period to allow such agencies to commentso that the he can
complete his required Public Interest Review.
In cases where the proposed action May Effect a listed species or a species
proposed for listing pursuant to Section 7 of the Endangered Species Act, and/or
In cases where the proposed action will have an Effect on a property listed, or
eligible to be listed, on the National Register of Historic Places pursuant to
Section 106 of the National Historic Preservation Act, the DE will be unable to
make a final decision on the proposed action until the requirements of the
appropriate statute have been satisfied.