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Home My WebLink About20100147 Ver 1_Public Notice_20100224US Army Corps Of Engineers Wilmington District 20100147 PUBLIC NOTICE Issue Date: 23 February 2010 Comment Deadline: 24 March 2010 Corps Action ID #: SAW -2010-00257 The Wilmington District, Corps of Engineers (Corps) has received an application from Edwards Communities Development Company seeking Department of the Army authorization to impact 0.94 acres of jurisdictional riparian wetlands associated with the development of an offsite student housing complex within walking distance to East Carolina University, and the excavation of riparian wetlands in efforts to increase flood water storage adjacent to the project area in Pitt 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.anny.mil/wetlands Applicant: Edwards Communities Development Company Attention: Mr. David Tyndall 495 South High Street, Suite 150 Columbus, Ohio 43215 Agent: Evans, Mechwart, Hambleton and Tilton, Inc. (EMH&T) Attention: Mr. Rob Milligan� � � „_. � -- 5500 New Albany Road c f +++(��n Columbus, Ohio 43054 FEB 2010 AuthorityDENR. WATER QUALITY WETLANDS AND STORMWATER 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 (33 U.S.C. 1344) Location The 22 acre proposed project area is located at the north east corner of the intersection of South Charles Boulevard and East 14'h Street, adjacent to Green Mill Run, in the city of Greenville, Pitt County, North Carolina (35.6023 N / -77.3685 W). Version 12/12/05 Existing Site Conditions The project is located on approximately 22 acres that currently consists of Kings Arm Apartment Complex and Green Mill Run Apartments, along with their associated parking areas. Additionally, this site has four single family residential buildings, and is located in a mixed residential and commercial use area near East Carolina University. There is also an undeveloped forested area, consisting of approximately 2.47 acres of wetlands, located on the eastern portion of the property. The undeveloped forested area is adjacent to Green Mill Run, a perennial stream, averaging twelve feet in width. A portion of this project is within the FEMA 100 year designated floodplain. Applicant's Stated Purpose The Applicant's stated purpose for the project is to develop an off campus student housing complex within walking distance to East Carolina University. Project Description The applicant proposes to tear down all existing structures, and remove existing pavement within the project area prior to construction of the new development. Once demolition of the existing structures is completed, the applicant proposes to place fill within 0.44 acres of jurisdictional riparian wetlands to provide additional high ground for the new development of a 768 bed student housing complex and associated parking area. An additional 0.50 acres of wetlands will be impacted by mechanized land clearing, cutting and the excavation of approximately two feet in depth of the wetlands adjacent to Green Mill Run. This will include the removal of a levy along the western stream bank in order to restore the connection of Green Mill Run to its adjacent floodplain, in efforts to increase the flood water storage capability. The applicant is proposing payment into the North Carolina Ecosystem Enhancement Program In -lieu Fee Program to provide compensatory mitigation for these impacts. 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 combined with the appropriate application fee at the North Carolina Division of Water Quality central office in Raleigh will constitute 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 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 Version 12/12/05 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 24 March 2010. 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 and/or National Marine Fisheries 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 Version 12/12/05 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, 24 March 2010. Comments should be submitted to Ms. Emily Jernigan, U.S. Army Corps of Engineers, Post Office Box 1000, Washington, North Carolina, 27889 or telephone (910) 251-4567. 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