HomeMy WebLinkAbout20031643 Ver 2_Public Notice_201412101 1
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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: December 5, 2014
Comment Deadline: December 19, 2014
Corps Action ID Number: SAW- 2003 -01262
The Wilmington District, Corps of Engineers (Corps) received an application from
Southern Environmental Group,-Inc. (SEGi) on behalf of Seagrove WF Investors seeking
after - the -fact Department of the Army authorization for impacts to 1.006 acre of non-
riparian wetlands and authorization to fill 0.048 acre of non - riparian wetlands, associated
with the development of Seagrove residential subdivision in New Hanover 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/RegulatoryPermitPro rg am aspx
Applicant: Seagrove WF Investors
Attn: Mr. James Wallace
1901 Eastwood Drive
Wilmington, North Carolina 28403
AGENT (if applicable): Southern Environmental Group, Inc.
Mr. David Syster
5315 South College Road, Suite E
Wilmington, North Carolina 28412
Authority:
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F E C I r iii
DEN
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)
Location
The proposed project is located within the Wilmington Beach district of Carolina Beach,
south of Carolina Sands, west of Pinfish Lane, and north of Ocean Boulevard, New
Hanover County, North Carolina.
Southern Environmental Group, Inc. (SEGi) obtained a US Army Corps of Engineers'
preliminary wetland Jurisdictional Determination on November 12, 2014.
Directions to Site: Take US 421 south (Carolina Beach Road) to Carolina Beach. Once
over the Snows Cut Bridge, travel approximately 3.0 miles, past the Carolina Beach
Lake, and take a right onto North Carolina Avenue. The project includes several blocks
spanning between Pinfish and Croaker Lanes (see Final Impact Sketch attached).
Project Area (acres): 25.3 ' Nearest Town: Carolina Beach
Nearest Waterway: Cape Fear River River Basin: Lower Cape Fear
Latitude and Longitude: 34.018687 °N, - 77.904887 °W
Existing Site Conditions
An Individual Permit (IP) was issued, under Action ID SAW - 2003 - 01262, for the entire
project on November 15, 2004. Tri -Coast Development began construction in 2004, but
due to the decline in the economy, construction of all the residential dwellings did not
take place before the permit expired December 31, 2007. Sometime in 2011, builders
continued to impact wetlands and filled beyond the previously authorized impact limits
until the Corps October 27, 2014 Cease and Desist Notification. This was partially the
result of some confusion as builders were referring to a preliminary impact map which
proposed complete lot fill on impacted lots, rather than only access and building pad
impacts as authorized.
The previously issued IP and accompanying Water Quality Certification (DWQ# 03-
1643) authorized the permanent fill of 1.1 acres of non - riparian wetlands, for which the
Applicant was to make payment to the NC Ecosystem Enhancement Program ( NCEEP)
for 2.2 acres of non - riparian wetland restoration credit. In addition, the Applicant was to
place 4.76 acres of the remaining wetlands (to include 0.46 acre of uplands) into strict
preservation. The Applicant has Tullfilled both the payment to the NCEEP and
recordation of the preservation map.
Currently, the entire infrastructure (roads, utilities, etc.) has been installed and houses are
newly constructed and under construction. Other than 1210 Pinfish Lane, there are no
remaining lots with wetlands present.
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Applicant's Stated Purpose
The purpose of this permit application is to request "after- the - fact" authorization for
impacts to wetlands done after the expiration of a previously authorized permit, impacts
in excess of the original authorized amount and for wetland impacts to develop 1210
Pinfish Lane within the existing Seagrove Subdivision.
Project Description
The purpose of this project is to facilitate the development of 1210 Pinfish Lane and to
account for impacts to wetlands not previously authorized. The Applicant is accounting
for the after - the -fact impact of 1.006 acres and one proposed impact of 0.048 -acre of
jurisdictional wetlands. The proposed impact is to take place at 1210 Pinfish Lane. See
Wetland Impact Sketch and plans for Lot D, Block 51, attached.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and /or
minimize impacts to the aquatic environment:
The project area, Seagrove subdivision, is approximately 25.3 acres with the majority of
each lot measuring approximately 50' x 100' and several combined to create 100' x 100'
lots. The Applicant minimized wetland impacts within the subdivision during the original
design and 2004 permit submittal by reducing the number of lots within the subdivision
and placing those avoided wetlands into preservation.
Of the remaining undeveloped lots today, 1210 Pinfish Lane is the one which contains
wetlands. Fill slopes for the proposed dwelling will be kept to the minimum necessary.
Sediment and erosion control measures will be utilized to ensure that impacts to wetlands
do not take place outside the authorized area.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
The Applicant has fulfilled the compensatory mitigation requirement for the previously
authorized 1.1 -acre of non - riparian wetland impact by means of paying into the
Ecosystem Enhancement Program at al: I ratio and placing 4.76 acres of wetlands (to
include 0.46 acre of uplands) into strict preservation. In conjunction with the previously
provided mitigation, the Applicant proposes to offset the additional 1.054 acres of
wetland impact with payment to the Lower Cape Fear Umbrella Mitigation Bank
(LCFUMB), at a 1.8 -to -1 mitigation to impact ratio. A request for a credit reservation
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letter has been submitted to the LCFUMB and will be provided to the agencies upon
receipt.
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.
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 effect to 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 for inclusion 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 have 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,
are present within the Corps' permit area; moreover, the undertaking 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
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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.
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 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 initiates consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
❑ 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 Quality ( NCDWQ): The Corps will generally not
make a final permit decision until the 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 combined with appropriate application fee at the
North Carolina Division of Water Quality Central Office in Raleigh constitutes initial
receipt of an application for a 401 Water Quality Certification. A waiver will be deemed
to occur if the NCDWQ fails to act on this request for certification within sixty days of
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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, Wetlands, Buffers, Stormwater Compliance and Permitting
Unit, 512 North Salisbury Street, 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, by December 19, 2014 to:
NCDWQ Central Office
Attention: Ms. Amy Chapman
(LISPS mailing address):1650 Mail Service Center, Raleigh, NC 27699 -1650
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 applicant's consistency certification. As the application did not include
the consistency certification, the Corps requests, via this Public Notice, concurrence or
objection from the NCDCM.
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.
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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 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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, December 19, 2014. Comments should
be submitted to Emily Hughes, Wilmington Regulatory Field Office, 69 Darlington
Avenue, Wilmington, North Carolina, at (910) 251 -4635.
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0 2550 too 150 200 Wetland Impact Sketch
®Feet Seagrove S.D. Q`,/,�e �` +
I inch =zoo feet Wilmington, New Hanover Co., N.C. w�
Map Source: ESRI World Imagery 12/3/2014 014 - 055.01
FG
s r
VICINITY MAP
(NOT TO SCALE) Wetland Impact: 0.048
(2,090 sq. ft -)
IPF
Na
KI
TO INSTALL 6' WOOD FENCE.
2.) ONCE FENCE IS COMPLETE, CONTRACTOR SHALL INSTALL SILT FENCE
LEGEND
BLOCK 51
I
3.) CONTRACTOR SHALL INSTALL STORM SEWER PER PLAN AND IN
0IPF IRONPIPEFOUND
PROPOSED WOOD FENCE
i
SILT FENCE
4.) ONCE STORM SEWER IS INSTALLED, CONTRACTOR SHALL INSTALL
PROPOSED SWALE
X 10.7
LOTS B &C
PROPOSED SPOT ELEVATION
EXISTING SPOT ELEVATION
OTHER GRADING ACTIVITIES.
T
p
M�56PG229
UNTIL PLANTED WITH PERMANENT VEGETATION.
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6.) AT COMPLETION OF HOME CONSTRUCTION, CONTRACTOR SHALL
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INSTALL LANDSCAPE IN ACCORDANCE WITH LANDSCAPE PLANS BY
20 40 60
OTHERS.
CONTRACTOR SHALL
i
I PROPOSED SWALE
�pBADE TO PROVIDE
POSITIVE
I! -.,p
' !
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RUNOFF TO
REAR OF LOT
PROPOSED I
COVERED
LANDSCAPED
PORCH
EARTHEN BERM who
1 I I L NE#
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GARAGE q19
F = 13.83
PROPOSED
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CONCRETE
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DRIVEWAY
EX CONC_ SDW79
PINFISH LANE
50'R//W (PUBLIC)
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CAROLINA SANDS
SECTION 2
MB 21 PG 14
PROPOSED ADS NYLOPLAST
— INLINE DRAIN W112" GRATE
RIM =10.25
INV. -7.61
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CONTRACTOR SHALL INSTALL
PROPOSED 6' WOOD PRIVACY
FENCE WITHIN PROPERTY LINE
WITH 6" MIN. OPENING ON BOTTOM
PROPOSED ADS NYLOPLAST
— INLINE DRAIN W/ 12" GRATE
RIM =10.25
INV. =7.44
t-- PROPOSED 10OLF TOTAL,
12' ADS N -12 ST IB PIPE
CONTRACTOR SHALL
INSTALL 105LF SILT FENCE
PROPOSEDADS NYLOPLAST
I N L I N E DRAIN W/ 12" GRATE
RIM =10.25
INV. =7.27
CONTRACTOR SHALL CONNECT
ALL ROOF DRAINS TO COLLECTION
PIPE AT COMPLETION OF GUTTER
INSTALLATION
6-INCH PERFORATED HDPE
ROOF DRAIN COLLECTION PIPE
WI SOCK. SEE STORM SCHEDULE
T 1
r ^ T
-CONTRACTOR TO INSTALL (2) YARD
INLETS AS SHOWN TO ALLOW
ROOF DRAINAGE TO BUBBLE UP
THROUGH INLET INTO ROAD
•• EX YARD INLET
7S, CONTRACTOR SHALL
CONNECT PROPOSED 12"
PIPE TO EX. DROP INLET
l RIM =10.17
INV. EX. 12' CIv1P =7.11
INV. 12" HDPE PIPE =7,11
BOTTOM =6.38
SITE CONSTRUCTION SEQUENCE:
1.) CONTRACTOR SHALL CLEAR EXISTING VEGETATION AS NECESSARY
TO INSTALL 6' WOOD FENCE.
2.) ONCE FENCE IS COMPLETE, CONTRACTOR SHALL INSTALL SILT FENCE
LEGEND
AS SHOWN.
3.) CONTRACTOR SHALL INSTALL STORM SEWER PER PLAN AND IN
0IPF IRONPIPEFOUND
PROPOSED WOOD FENCE
ACCORDANCE WITH MANUFACTURERS SPECIFICATIONS.
SILT FENCE
4.) ONCE STORM SEWER IS INSTALLED, CONTRACTOR SHALL INSTALL
PROPOSED SWALE
X 10.7
PROPOSED BERM AND COMPLETE FINE GRADING PRIOR TO ANY
PROPOSED SPOT ELEVATION
EXISTING SPOT ELEVATION
OTHER GRADING ACTIVITIES.
PROPOSED BERra
5.) CONTRACTOR SHALL STABILIZE BERM TO MINIMIZE EROSION OF BERM
UNTIL PLANTED WITH PERMANENT VEGETATION.
GRAPHIC SCALE
6.) AT COMPLETION OF HOME CONSTRUCTION, CONTRACTOR SHALL
0
INSTALL LANDSCAPE IN ACCORDANCE WITH LANDSCAPE PLANS BY
20 40 60
OTHERS.
SCALE: 1"=29
LOT D, BLOCK 51, SEAGROVE SUBDIVISION PHASE 2, MAP BOOK 56, PAGE 229
-P A RA ` _ 0UN� Dale. 10!30/14 GRADING PLAN
1�!/ii scale: 1 " =20
JL Dr
'^: RPe 1210 PINFISH LANE
E N O 1 N P. E R 1 N G. 1 N C. (.f11C RPB TOWN OF CAROLINA BEACH
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