20091346 Ver 3_Public Notice_20100923

Dennison, Laurie
From: Thames, Joyce A SAW [[e-mail]]
Sent: Thursday, September 23, 2010 5:08 PM
To: Shern, James F SAW
Cc: Dailey, Lisa M SAW
Subject: US Army Corps of Engineers Public Notice (New Hill Place 200800967)
As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has
issued a Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory
Division Home Page. Each Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing,
printing or download at littp://www.saw.usace.army.miI/WETLANDS/iiotices.htnil. As with all e-mail
attachments, be sure to check for viruses prior to opening the attachment. The current notice involves:
PUBLIC NOTICE
ACTION ID #: 2008-00967
2010
DATE: 23 SEPTEMBER
The Wilmington District, Corps of Engineers (Corps) has received an application from Springs Investors, LLC
seeking Department of the Army authorization to impact 1.101 acres of wetlands and 5,256 linear feet of
streams associated with New Hill Place in Wake County, North Carolina.
EXPIRATION DATE: 08 OCTOBER 2010
POC: JAMIE SHERN
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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: September 23, 2010
Comment Deadline: October 08, 2010
Corps Action ID #: SAW-2008-00967
The Wilmington District, Corps of Engineers (Corps) has received an application from
Springs Investors. LLC seeking Department of the Army authorization to impact L 101
acres of wetlands and 5.256 linear feet of streams associated with New Hill Place 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 w,-ww.saw.usace.army.mil/Netlands
Applicant: Mr. Kyle Ward
Springs Investors, LLC
1000 Darrington Drive. Suite 105
Cary. North Carolina 2751 3
Agent: Mr. Benjamin V. Wilson
ATC Associates
2725 East Millbrook Road
Raleigh, North Carolina 27604
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 project is located near the northwest quadrant of the intersection of NC Highway 55
By-pass and New Hill Road in Holly Springs, Wake County. North Carolina (35.6657 N.
-78.8498 W). The property contains tributaries to Little Branch, which flows to Big
Branch then White Oak Creek. which flows into the Cape Fear River.
Existing Site Conditions
The proposed project site consists of 227 acres of undeveloped land vegetated with a
mixture of hardwood trees and loblolly pines. There are multiple unnamed tributaries of
Little Branch that flow from south to north throughout the property. The tributaries are
associated with forested riparian areas and riparian/headwater wetlands, especially along
the south and west tributaries.
Topography on the site consists of sloping ridges and valleys typical of the eastern
piedmont physiographic region. Elevations on the site range from approximately 309 to
451 feet above mean sea level. The majority of the western side of the property is
underlain with Mayodan soils. while Herndon soils underlie the eastern portion of the
site. Both are well-drained soils and the remainder of the site is underlain with Worsham
soils, which are poorly-drained soils at the heads of the drainways in the western side of
the site.
Wooded upland areas on the site are vegetated by sweet gum (Liyuidarnbar slyrac• lhia).
loblolly pine (Pines taeda), American holly (Ilex opaca), eastern redcedar (.I1117i1crus
rrrginiana), red maple (,fcer rubrum), hickories (Carva spp.), and flowering dogwood
(Cornus florida). The wetland areas are vegetated by sweet gun, loblolly pine. American
holly, red maple, royal fern (Osmunda regalis) and stiltgrass (Micros•/egirnn rirrrincum.)
Wetlands and streams on site are piedmont headwater systems and initiate on the site.
There are thirteen tributaries on the site, which flow generally from south to north off the
property. The southern and western tributaries are more commonly associated with
wetlands. All of the streams are tributaries to Little Branch, which flows generally cast
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 227-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. Tine proposed project
additionally involves the construction of a four lane roadway which would serve as the
main east west thoroughfare for the New Hill Place development and the Town of'l lolly
Springs. New Hill Road is shown on the town thoroughfare plan as a two lane roadway
and has been approved by the NCDOT; however, due to the transportation needs of the
New Hill Place development, which is transacted by the road, the developer is proposing
to construct a four lane roadway.
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: Mr. Rob Ridings (NC
Department of Transportation projects) or Mr. Ian McMillan (all other projects) by
October 01.2010.
The Town of I folly Springs approved Preliminary Plan # 08-MAS-01 for New I lill Place
Schematic Master Plan on May 06, 2008. date revised April 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 EFI-I 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 I listoric
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 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 cunuilative 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 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 continents received will be considered by the
Corps of Engineers to determine whether to issue, modify. condition or deny a permit fir
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 ofan
Environmental Assessment (EA) and/or an Environmental Impact Statement (I-:IS)
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 ofthe
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, October 8, 2010. Comments
should be submitted to Mr. Jamie Sherri at 3331 Heritage Trade Drive, Suite 105, Wake
Forest, North Carolina 27587.
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STREAM IMPACT ANALYSIS - OVERALL
- ce HOLLY SPRINGS, NORTH CAROLINA _