20040165 Ver 2_Public Notice_20050512

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US Army Corps PUBLIC NOTICE
Of Engineers
Wihnington District
Issue Date: May 11, 2005
Comment Deadline: June 10, 2005
Corps Action ID #: 200420702
All interested parties are herby advised that the Wilmington District, Corps of Engineers
(Corps) has received an application for work within jurisdictional waters of the United
States. 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.anny.mil/wetlands
Applicant: PS/SE Ballentine, LLC
2514 Reliance Avenue
Apex, North Carolina 27539
AGENT (if applicable): Soil & Environmental Consultant , A D
Attn: Todd Preuninger MAY 1 2 2005
11010 Raven Ridge Road
Raleigh, NC 27614 WEILkii i' WATER ?4UTY
AND srolWQT-Ej
Authority
The Corps will evaluate this application and decide whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures under Section 404 of the
Clean Water Act (33USC 1344).
Location
The site for the proposed residential development is located approximately 1.25 miles
north of the intersection of Sunset Lake Road (SR 1301) and Highway 401 (South Main
Street), northeast of Fuquay-Varina, Wake County, North Carolina (Lat. 35.613611N,
Long. -78.770561W). The site contains a pond, riparian wetlands, and one unnamed
tributary to Terrible Creek in the Neuse River Basin (Hydrologic Unit .Code 03020201).
Existing Site Conditions
The site for the proposed Ballentine subdivision, Phases 5,6, and 7, is approximately 53.7
acres and is located northeast of the existing development known as Ballentine
subdivision, Phases 1 through 4. The property is relatively undisturbed and consists
entirely of forested land. Representative tree species include: Sweetgum (Liquidambar
styraciflua), White Oak (Quercus alba), Sourwood (Oxydendron arboretum), and
American Elm (Ulnus americana). Total acreage of wetlands located on the site is
approximately 2.0 acres.
As proposed, the project impacts 139 linear feet of an unnamed tributary to Terrible
Creek and 0.175-acre of adjacent wetland habitat consisting of bottomland hardwood
forests. The perennial channel flows through an agricultural pond located in the northeast
corner of the property. The project will not impact the pond.
The surrounding area adjacent to the project includes four previous phases of residential
development associated with the proposed project. Previous permits for permanent
impacts to waters of the U.S. associated with Ballentine subdivision, Phases 1 through 4,
total 0.705-acre of streams and wetlands.
Applicant's Stated Purpose
The purpose of the proposed project is to develop three new phases of an existing
residential subdivision known as Ballentine subdivision, Phases 5,6, and 7. The
development will provide approximately 156 single-family residences for the Town of
Fuquay-Varina and adjacent communities.
Project Description
The applicant has requested DA authorization for impacts to 139 linear feet of perennial
channel and 0.175-acre of riparian wetlands for construction of a residential
development, Ballentine subdivision, Phases 5,6, and 7. The applicant is proposing the
installation of culverts associated with one road crossing. The road crossing is necessary
to provide access to high ground in the northeast corner of the property. Impact 1 will
involve the placement of fill in 139 linear feet of an unnamed tributary to Terrible Creek
and 0.175 acre of adjacent forested wetland.
The applicant's proposed mitigation plan includes payment into the North Carolina
Ecosystem Enhancement Program (NCEEP) in the amount necessary to restore up to 278
linear feet of perennial channel and 0.26-acre of riparian wetlands.
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 Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
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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 regarding 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
June 3, 2005.
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 has determined that registered properties, or properties listed as being eligible
for inclusion therein are located within the project area and/or will be affected by the
proposed work. The site is within a Historic District known as the Jones-Johnson-
Ballentine Historic District. Impacts to the district may include potential disturbance to
the visual aesthetics of the site.
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 has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
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 is soliciting comments from the public; Federal, State and local agencies and
officials; 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 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, June 10, 2005. Comments
should be submitted to Andrea Wade, 6508 Falls of the Neuse Road, Suite 120, Raleigh,
North Carolina 27615.
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SUNSET LAKE ROAD HILLTOP NEEDMORE ROAD
BASS LAKE ROADS l-?
SUNSET LAKE ROAD
JAMES SLAUGHTER
JOHNSON POND ROAD
JOHNSON POND ROAD
MAIN STREET-US 401
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BUFFER IMPACTS
ZONE 1 10,473 SF
ZONE 2 3,914 SF
TOTAL 14,387 SF ; 033 AC
LF STREAM DISTURBANCE 139 LF
WETLAND IMPACT 7,635 SF
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