20091346 Ver 1_Public Notice_20091223

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US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
09` 1346
Issue Date: December 22, 2009
Comment Deadline: January 20, 2010
Corps Action ID #: SAW-2008-00967
The Wilmington District, Corps of Engineers (Corps) has received an application from
Spring Investors, LLC, seeking Department of the Army authorization to impact 0.802
acres of wetlands and 3,410 linear feet of streams associated with New Hill Place near
Holly Springs, in Wake 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 www.saw.usace.army.mil/wetlands
Applicant: Spring Investors, LLC
Attn: Kyle Ward
1000 Darrington Drive, Suite 105
Cary, North Carolina 27513
Agent: ATC Associates, Inc.
Attn: Benjamin V. Wilson (? ?? M
2725 East Millbrook Road @ i?,U A5
Raleigh, North Carolina 27604
DEC 0 209
Authority WETLANDS ANDSTORi'Y QUALI
BRANCH
The Corps will evaluate this application and a 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 project is located near the Northwest quadrant of the intersection of NC 55 By-pass
and New Hill Road in Holly Springs, Wake County, North Carolina (35.6649 N, -
78.8494 W). The property contains tributaries to Little Branch and Oak Creek, which
flow into the Cape Fear River.
Existing Site Conditions
The proposed project site consists of 227 acres of undeveloped land with mixed
hardwood trees and loblolly pines. There are multiple unnamed perennial and
intermittent tributaries of Little Branch that flow from south to north throughout the
property. The tributaries are associated with forested riparian areas and riparian
wetlands.
Topography on the Site consists of gently sloping ridges and valleys typical of the eastern
Piedmont Physiographic Region. Elevations on the Site range from approximately 320 to
440 feet above mean sea level. The majority of the site is underlain with Mayodon and
Herndon soils, which are well-drained soils and the remainder of the site is underlain
with Worsham soils, which are poorly-drained soils.
Wooded upland areas on the site are vegetated by sweet gum (Liquidambar styraciflua),
loblolly pine (Pinus taeda), American holly (flex opaca), eastern redcedar (Juniperus
virginiana), red maple (Acer rubrum), hickory (Carya), flowering dogwood (Corpus
Florida) and Microstegium. The wetland areas are vegetated by sweet gum (Liquidambar
styraciflua), loblolly pine (Pinus taeda), American holly (Ilex opaca), red maple (Acer
rubrum), hickory (Carya), flowering dd%wood (Corpus florida), royal fern (Osmunda
regalis) and Microstegium.
Wetlands and streams on site are typical piedmont headwater systems and initiate on the
site. There are four perennial streams on-site that flow from south to north off site.
Three intermittent streams flow into the western most perennial stream and two of the
perennial stream systems are associated with wetlands. All of the streams are tributaries
to Little Branch, which flows generally east to west to the north of the property. The
entire watershed for the streams is contained on the site. Little Branch and its tributaries
(DWQ Index No. 18-7-6-1-1) has a best usage classification of C.
Applicant's Stated Purpose
To provide a transportation corridor for the Town of Holly Springs and DOT that is in
accordance with the Transportation Improvement Plan and to provide commercial and
residential services to the citizens of the Holly Springs area.
Project Description
The proposed project is an approximately 200-acre mixed-use development, which would
include the construction of a commercial shopping center with a residential component,
along with transportation, parking, and stormwater facilities. The proposed project
additionally involves the construction of a four lane roadway which will serve as the
main east west thoroughfare for the New Hill Place development and the Town of Holly
Springs. New Hill Rd is shown on the town thoroughfare plan as a two lane roadway and
has been approved by the NC Dot, however due to the transportation needs of the New
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Hill Place development, which is transected by the road, the developer is proposing to
construction the roadway with four lanes.
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
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 January 12, 2010.
The Town of Holly Springs approved Preliminary Plan # 08-MAS-01 for New Hill Place
Schematic Master Plan on May 6, 2008, date revised 4/22/2008.
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.
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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 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.
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Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm, January 20, 29 10.
Comments should be submitted to Mr. Jamie Shern at 3331 Heritage Trade Drive, Suite
105, Wake Forest, North Carolina 27587.
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P-- No. KRG-06020
NEW HILL PLACE ?1' - THE JOHN R. McADAMS
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SITE
SOURCE: Google
SITE LOCATION
Action Id: 200800967
Applicant: Spring Investors, LLC
Project Name: New Hill Place
Sheet 2 of 3
ATC PROJECT NO.
Preliminary Wetlands and Stream Determination 45.27923.0007
145 Acre Site SCALE: NOTED
Holly Springs, North Carolina
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