The URL can be used to link to this page

Home My WebLink About20070346 Ver 1_Public Notice_20070223200703gg ~ ~ ~~,~i US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: February 23, 2007 Comment Deadline: March 26, 2007 Corps Action ID #: SAW 2007 00656 234 The Wilmington District, Corps of Engineers (Corps) has received an application from Joseph P. Tanneberger seeking Department of the Army authorization to impact approximately 2.78 acres of wetlands and 773 linear feet of stream channels of the jurisdictional waters of Johnson Creek associated with the proposed construction of the Clemmons Town Center commercial /retail facilities located off of Lewisville- Clemmons Road northwest of the intersection with I-40, north of Clemmons, in Forsyth County, North Carolina. The project also includes temporary jurisdictional waters impacts of 121inear feet of stream channels and 0.07 acre of wetlands associated with a sewer line connector. 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 www.saw.usace.army.mil/wetlands Applicant: Mr. Joseph P. Tanneberger 101 West Worthington Ave., Suite 204 Charlotte, NC 28203 AGENT: Mr. Matthew O'Brien ~` `- ~ "~-~ ~' ~-' Y.r :.: Environmental Services, Inc. ~ ~, ,~ ~ ~ 3661 Alamance Road U '•~~~ Burlington, NC 27215 btQ ''.P" ~. - Authority The Corps will evaluate this application and decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act. Location The proposed project site is located off of 2400 Lewisville-Clemmons Road northwest of the intersection with I-40, north of Clemmons, in Forsyth County, North Carolina. Coordinates (in decimal degrees) for the site are 36.0359010 north, 80.3891998 west. The site is adjacent to Johnson Creek in the Yadkin River Basin (8-Digit Cataloging Unit 03040101). Existing Site Conditions General land use in the vicinity of the proposed project property consists of existing commercial retail and restaurant businesses. The project impact area is an abandoned home residence. The house on the property has been demolished and two ponds on the property have had their dams breeched and the ponds drained. With the exception of the two drained ponds, the proposed project site is mostly forested with loblolly pine (Pinus taeda), red maple (Ater rubrum) and sweet gum (Liquidambar styraciflua) and understory vegetation consisting of Chinese privet (Ligustrum sinense) and Japanese honeysuckle (Lonicera japonica). One jurisdictional stream is present within the project site's boundaries, Johnson Creek. The stream channel has been degraded by the ponds and the recent draining of the ponds. The stream channel and adjacent wetlands to the stream channel also have been degraded by the surrounding urban and high density commercial land use. Household trash litters the greatly incised and unstable stream channel. Applicant's Stated Purpose As stated by the applicant, the purpose of the project is to develop this tract for commercial retail operations. The site is located at a major interstate highway interchange in an area of rapid demographic growth and is zoned appropriately for the proposed purpose. Project Description The applicant proposes the development of this tract for commercial retail operations. The site is located at a major interchange in an area of rapid demographic growth and is zoned appropriately for the proposed purpose. Two ponds located in the center of the tract have been breached and drained. These two pond basins have largely re-established as either stream channels with associated riparian wetlands or linear wetlands. The perennial stream channel originating just above one of the drained ponds flows southward at the base of the steep western slope before entering into an off-site downstream lake. Two draws east of the perennial stream channel have intermittent stream channels and/or linear wetlands which confluence with the perennial stream channel. With reference to the attached project plans the following proposed jurisdictional impacts associated with the project have been identified: Stream Impact #1 (531 linear feet of stream channel) and Wetland Impact #4 (0.08 acre) are shown on Sheet S. These impacts would result from fill and grading activities necessary for the construction of parking areas and building pads. 2 Steam Impact #2 (1391inear feet of stream channel) is shown on Sheet 6. This impact would result from a culvert installation and grading for a road crossing necessary to access the southern portion of the tract. The proposed design incorporates headwalls, both upstream and down stream, and a riprap energy dissipater. Stream Impact #3 (103 linear feet of stream channel) and Wetland Impact #3 (0.48 acre) are depicted on Sheets 7 and 4. These impacts would result from a culvert installation and grading for a road crossing necessary to access the western portion of the tract. The proposed design incorporates a downstream headwall and a riprap energy dissipater. Stream Impact #4 (12 linear feet of stream channel, tem orar and Wetland Impact #5 (0.007 acre, tem orar are shown on Sheet 8. These impacts would result from installation of a sewer connector that is necessary to connect the proposed development to the area municipal wastewater system. Wetland Impact #1 (1.51. acres) is depicted on Sheet 2. This impact would result from fill and grading activities necessary for the construction of parking areas and building pads. Wetland Impact #2 (0. 69 acre) is depicted on Sheet 3. This impact would result from excavation and grading impacts activities necessary for the construction of a stormwater management pond. Total jurisdictional impacts associated with the proposed project tota12.78 acres of wetlands and 7731inear feet of stream channels. The project also includes temporary jurisdictional impacts of 12 linear feet of stream channels and 0.07 acre of wetlands associated with a sewer line connector. The applicant did not propose any mitigation for the referenced impacts to the jurisdictional waters associated with the project. Other Required Authorizations This notice and all applicable application materials are being forwarded to the appropriate State agencies for review. The Corps will generally not make a final permit decision until the North Cazolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public notice in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ for certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the receipt of this notice in the NCDWQ Central Office. Additional information regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regazding the application for certification under Section 401 of the Clean Water Act should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by March 19, 2007. 3 Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project will not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Cultural Resources The Corps has consulted the latest published version of the National Register of Historic Places and is not aware that any registered properties, or properties listed as being eligible for inclusion therein are located within the project area or will be affected by the proposed work. Presently, unknown archeological, scientific, prehistoric, or historical data may be located within the project area and/or could be affected by the proposed work. Endangered Species The Corps has 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 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. A final determination on the effects of the proposed project will be made upon additional review of the project and completion of any necessary biological assessment and/or consultation with the U.S. Fish and Wildlife Service." 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 4 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 consolidate 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 shall 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. Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until 5pm, March 26, 2007. Comments should be submitted to John Thomas, Raleigh Regulatory Field Office, 6508 Falls of the Neuse Road, Suite 120, Raleigh, NC 27615. '~. ~- ,~~ ~u~r~~r. l . ~~~,. ~r ~~_ 1 ~ A wy. ~ ;~ , L ~` ,~ ;~:~~ rr ~,~~~ ',f ~~ ~~o+~ ~'~ r • yr '~~ ~~ .~ (~ Tract Boundaries (Extent and Bourxtarlee Apt~lmate) 0 2500 5000 Feat Somoa: wwwmepqueat.ean, Wb Tla aiW b ~`. .. . . sv~u y y ~ ~ _ . _.. ~qN 2 5 ~ 2007 _' N .._. ~' l----I~ t ~~ W " r ,~ ;R~~ E.IGH REGULATOR~ELD OFFICE ~, -.~ ~~..;~ ~- ~ t ,~'~mli~ C~r o _._.. << ~. ~~~~~ ~.~ - ~~ :~ .: fi, r~ ,:. . SITE---~ "' -r ~.Y•a~`y ~•~,. ,~, .. ~~Ny. ~ Y ~' f '. 9 ~ ,.v c i. 1 x" a~ ~,,, ~.,,. ~' ~ ~ -.._ h1~ 1 J' ~ , , ~iy~? _ it ..r . „~~: ~ r t+. ~~.~ -..,...,. '~ S ~ 1~ ~Yyi'~ ti 1 ~! EIWIIiDI+TMENTAI' Projecfi BUR06052 SERVICES, INC. vicinity Depiction eurigloe, rronb C.mr~s rrns ~~~"~"aR~ Clemmons Tract Date: January 2007 ~5'a'aoz Drvm/Chkd: vbh/mhob .~~~ Clemmons, Forsyth County, North Carolina Figure: 1 s1- li t / a~'I`~ w :1~ ~ ~ ~ ~ ~~r + ~.~~ y o' ~ .~~ . ~ ~ s _ - -p • { ~ , y+, t = it / ~Fs ~~~ r ~ ,;fir t swc, ,* . ~ w y ~< ,a, h ~ i •~ ,L1 d yY f Y ~if 1-~ ~`~ 1 ~ IiL. t Y ~„t',r { ,~"a~, p/i - ~ '7'~{jy~ 4r1j t ~T'{1 ) pk. 'Ni'b`. ~: {5^'lq ' ~~ ' . i w 5 d+ . '~~~ .y ~ Y I ~ ~ Y ~ r t ~• ~,,~ off ~~~ f '• -, ~F f . ti ~ y . T4 Eft a ~,. 1 ~ M t E ~, ,, ~ ~ y ~~ ~ ~~ ~ 5 Y(GF y f... E~t ~ ,f 1 ~ ,~ ~,. .. iR ~~~ 7! .-7Rr r Jy ~a 7 r. 4 1` ~ F J . ~ a_ • ~~ N 1 . ' ~ I'- ~~ , ~.~ ~ ,~ a ~-.~ 4-~ • ~, ~ ~.. FL.~'/S 'i1r ~ • ~ ~: - - ar• ~J ~~ . ~~ i +; ~ ~ GEE ~,k , l .. ~ !~ ~± ~. ~ ~: t.! y . -~ `t-....tea ter. r! JLL~.. ~. . .. .x ". 1 y ~~~. i"~ W' ratlons I ENVIRONMENTAL SERVICES, INC. Jee1 AYnr~oe RoaO Buri~pEOn, tkM GioM 7!275 [,ue) sioaoa2 (]3e) 570•YSee Fax oirns ~.~~~ `"~a ~"`L 0 Tract Boundary Wr., « s R"' 'fir • Stream Impact w ., ~ '"'~<~..~' ~uy'a ~"~~' ~.~ • Wetland Impact y>; ~ 0 250 500 ~ ... Y: Feet $OUfCO: WWW.IOpOZ0f1C.COrt1 .. .. ~,;~ l~s1aYrmr: Idamatlm apnsentcd on this map was derived :.. ~ 1 mi• bun sacadary data sans and b b beused /or gerxxal ~';:.... .t ~ tii. ~ ~® ~~1~~ ~ ~ ': PlanNnYP ~~ aa~r~seMahonsof Project: BUR06052 Topographic Depiction Date: January 2007 Clemmons Tract DrwnlChkd: vbh/mhob Clemmons, Forsyth County, North Carolina ' Figure: 2 2~ o~~Y r ~'. ~~ M ._., Z ],~L "• y ~ ~ ~~, _ ~ _ ~ - • ti f ' , r7 ~~1 ~~~~~f, , -1j~~; / i ~ ' y. ti Q r 1. y.ILn.aiA ~ ,~~'T ti .it .T ~ r~-i ~ ' 1 E ~.~ ~ .~~ '7.-' ~.. ti . E - ~, ' ~! rh. 1'51^~" y~ G01 N. Trario Stroel ` ' ,. ~ ~ Y p ~ ~ ~ ~ ~3u~to 200 ~ /' ~r' Wf+rston Setem, NC Landscapo Arcilitecturo z71o1.2sta M / Clvil E1lgineQring Stimmel Associates, PA p; 338.723.1007 Land Planning F; 338.723.1060 ` ~' ~' 1 date: 1/11/07 Job #:06-242 project:CLEMMONS TOWN CENTER scale: 1"=400' sheet ~ oi11 deSCflpt~On]DVERALL IMPACT LOCATION MAP yoFiy ~. ~ ~.,,, ~ ~'ao, N. Trade Slroal date: 1/11/07 _Job #: 06-242 ' '~ Suite 200 Winston Selem, NC project:CLEMMONS TOWN CENTER .. Landscape Architecture 2»olssla - CivilEnflinearln0 scale: 1"=100' sheet 2 ofi1 Stimmel Associates, PA Land Plannin I':33a.7z3.10a7 9 F:33a.72J.1069 deSCflptlOnwETLAND IMPACT fN ~X I-I I C3 I T \ ~ ~ EXISTING ~\,\ ~ ` l ~ ~ WET~LARDS r ~ \ e ` \ \ I ~ ~` 'STREAM ~ NOT IMP~1CjED` ~~ ' ` ~ ~ ` i ~. ,~°p \ ` ~ \ ~' 1 ~~` r ~ ~ / s~- ~ -~ r Y ~ ~ ~ ~ ~~ tv~~~ Zo _ \ T in .. ~ : WETLAND ~ ~ I I 1V ~ ~, ~ ; tl ACT(CROSS• -', kl CHED AREA). ~ _ cA/ ~ 1 U ~ ~, , ~ 1 ` \ \ \ \ \ -~~ - MEASURED FROM^ ~ ~ t`~~~ ~ ` ~\ \ ~ / ~ TOP OF GAWK ni uun~ ~ `` S~E~E SH T' 11 F o E ~~ ~ ~ EXISTING~WETLAND ~ STREAM PIP IMP CT 1 ~ gyp? ~ ~ (SHADED AREA) ~ ~,~ ~` ~„ 0 \ ` ~ ~ -"~o~ eox -SEE SHEET OF 1 OR - ! \ ` '-" '~ o \ ~ ~ ~ PROFILE AND VOLUME \ ~ ~ \ ~ \ \ ICALC CATION - 1 e?a \` \1\ ~~\ \` ~ I ~ ~ // II ~ 1 \' `~ \~ , I) ~ ~ ~, oQy~ Rs o~s~ ~ ~ ~\~ ~ ~ j ~ h~ +Fi~~O l '~ FFE=805 \~ ;.~ ~ , ~- ~ - ~ f j o 1 ~ ~~"~`,r~, s oo $TF / R TAId - ~\ \ \~q~~q~ FFE=8ds II ~ ~ V 15S 0 SF ~ l j (~\ ~/ ~,~,~ I ~ E~.r11 !~ I F~-810.5 ~' ~ ,so SF ~REJI'AIL ~l,9 ~~ FFEdB 9 ~ ' 16,@00 SF~ \ E=806 \ / / e°° ~ ,~ N Og I ' I / EL.. ~~~ ~Y ~; ~ ~ ~ 601 N. Trade Street ClBt@: 1/11/07 )Ob #:06-242 Sulle 200 4VirulonSalem,NC proJect:CLEMMONS TOWN CENTER Lanciscapo Architecture 27~o~-zs~e ' Civil Engineering SC8~8: 1"=60' Sfl@@t 3 Of11 P: 338.723.1067 St(mmel Associates, PA[~La~nc{l Pllanning `~' F: 336.723.1069 d@SCrlptl0n WETLAND IMPACT #2 6.s / \ 1~' ~' 1 6 eFIY ~ ~ ~ m ~ x'601 N. Trade Street date: 1/11/07 _ job #: 06-242 `.~' sane zoo WlnstonSafem,NC project:CLEMMONS TOWN CENTER Landscape Architecture 2701-zsts Civil Engineering SCa~e: 1"=40' Sheet 4 Of11 Stimmel Associates, PA Lancl Planntn P: 336.723.1061 ~( ((g F: 336.723.1069 d@SCrlptfOn WETLAND IMPACT #3 ~/\ ~ I IV' 1 I ~, , nururtrr ry, r~ ~+ `~~, Ci n. ~~ l! 'a ! L *s '91 J i ~ ~ ~ ~ 1 ~ ' ` 1 ~ ~ 1 \ \ I /`~EXIS IN I SF ~ .//. r 7 I! ~ ~I ' , ~ , ~;, ;; EXI TING ~~ TRAM ~s''~' ' / '.(ry ~. l~l, ~' :'~:: /~ ~~ . u / / ~ // J ~~ ~ l Q / /( / z SHE 7 OF 11 FOR \ \ PROFILE AND VOLUME 1 518 ALCU~I.ATION 1 r ETLAND~I IMPACT (CROSS ~ V I BATCHED AREA] I 20,73ti SF t ~ / ~ l ~ / I I 1 1 \ ( 1 \ ~ ~ ` \ ~ 100'BUFFE ~ I \ MEASURED FROM r TOP OF BA ~ I I ~~ ~ \ ~ ~ ~ I ~ ~ I~ ~ 1 1 ~ ~ ~~ 1 ~ ~ I ~~ Lr ~ ~ ~J =w~ \~ _/ ~ ~ v h ~~ l ~ r~ . E ~~rrETEEL~~ANff ~T ~ k111.It11H18/~_ ~0~/7 ~~ ~ ~~~~ zooadestroot date• 1/11107 _job #•06-242 ~- N/Inslun3alern.NC profect:CLEMMONS TOWN CENTER // Lanctscapo /lrchitechlro zrtol-zots ...• -~' Civil[ngfncering SCSI@: 1'=60' Sh@@t 5 Ofi1 P: 336.723.1067 Stimmcl AssoclAtes, PA~L'inc(t Planning ~° F: 336.723.1069 (~@SCt"IptlOn WETLAND IMPACT ~t4 AND STREAM IMPACT #1 14~. ~\ ~' ~ I 1 d~1~ / ~; `~ ~~ ~ 801 N. Trade Street date: 1/11!07 ~Ob #' 06-242 ~,,.... ' o Suite 200 ,~ WinalonSatam.NC project:ELEMMONS TOWN CENTER Landscapo Arcititocturo 271a~-zits Ctv(I En~inooring SCele: AS SHOWN sheets ofi1 St(mmel /lssociates, PA Land Plann(n P:33s•~z3•to~~ ~ F:33G.723.1OG0 (~eSCrlptlOtlSTREAM IMPACT #2 EXI-11~31T 9 0~' iY to+oo ~~+o0 12+00 ,~,; ~ ~~ ~'GDi N. Tradoslreot d8t@: 1/11107 JOb #: 06-242 •~ ~ Sulte 200 Nnnsux,Satem,NC pro)ect:CLEMMONS TOWN CENTER J/ ~ Landscapo Architecture 271ot-2~ts ....-~'`' Civil Englneertng SCB~@: AS SHOWN sheet 7 Ofi 1 P: 336.723.1007 Sttmmel Assoctatos, PA Lancl Planning F: 336.723.1009 d8SCrlptlOnSTREAM IMPACT #3 ~XI~III~IT Jo ~ ~ l y 10+00 11+00 12+00 13+00 14+00 301 N. TrndeStieel date; 1/11/07 _jOb #: 06-242 f. 'l i ~ ~ ~'so~ra~0 +FnnslonSalem,NC project:CLEMMONS TOWN CENTER Landscape Architecture 2ito~~z9is Civil Engineering SCa~e: AS SHOWN Sheet 8 Of11 Stirnmel Associates, PA Land Piannin P: 336.723.1061 41 F: 336.723.1069 d@SCI'jpt~On WETLAND IMPACT #5 AND STREAM IMPACT #4 EX~~I~1T /I o~ JY 12+00 13+00 14+00 15+00 ,~ ~ ~,~,,~ ~,~ ~ f6o1 N. TradeSlreel date: 1/11/07 )ob #:06-242 sacra zoo WinstonSa(em,NC proJect:CLEMMONS TOWN CENTER Landscape /lrcititocluro 27io1-2n1s . ~ Civil Engineering scale: As SHOWN sheet 9 oft 1 P: 336.723.1067 Stlmmel Associates, PA Land Planning F: 336.723.1069 deSCrlptIO11 WETLAND IMPACT PROFILE ~XI-II13IT iz o~'iy 0+00 1+00 2+00 3+00 4+00 ~ ~ r~ ~ ~ ~GU, N. Trade Sheet date: 1111/07 _JOb #: 06-242 ' sorts zoo 4Vlnston5alem,NC pro)ect:cl.EMMONS TOWN CENTER Landscape Architecture Z»o~-zots CivilEngtrtooring r.33c.n3.toG~ SCeI@: AS SHOWN Sh@@t 10 Ofi1 Stimmel Associates, PA Land Planning F:33G.723.10G9 f1eSCrIptIO11 WETLAND IMPACT PROFILE CXi-II~IT /3 oI''fY 0+00 1+00 2+00 3+00 4+00 . ~ so1 N. Tradestree- dat@: 1/11/07 _ jOb #: 06-242 WlnetonSatem,NC project:CLEMMONS TOWN CENTER Landscape Arcllltecture znol-2sts Civil Engtneoring SC81e: N/A sheet 11 Ofl 1 r: 33s.rr3.loa~ Stimmol Associates, PA Land Planning F: 338.723.1060 d@SCflptfOt'1SHEET LIST EXf-II~IT ,~ ITEMIZE LIST OF IMPACTS SHEET INDEX WETLAND IMPACTS SURFACE AREA STREAM IMPACTS VOLUME IMPACT SHEET 2 OF 11 65,945 SF N/A SHEET 3 OF 11 30,289 SF N/A SHEET 4 OF 11 20,736 SF SEE SHEET #7 SHEET 5 OF 11 3,509 SF 531 LF SEE SHEET #11 SHEET 6 OF 11 139 LF SEE SHEET #9 SHEET 7 OF 11 103 LF 277,101 CF SHEET 8 OF 11 3,088 SF TEMPORARY 12 LF TEMPORARY N/A SHEET 9 OF 11 978,021 CF SHEET 10 OF 11 48,249 CF /%af'l~(