20061151 Ver 6_Public Notice_20120614

Dennison, Laurie
From Harrington Dorothy SAW (Dorothy Harrington @usace army mill
Sent Thursday June 14 2012 10 43 AM
To Lastinger James C SAW
Cc James Lisa M SAW
Subject US Army Corps of Engineers Wilmington District Public Notice
Thank you for subscribing to the US Army Corps of Engineers Wilmington District Public Notice Email Service
A Public Notice from the Regulatory Program announcing the following is available on our web site on our Current Notices web
page http / /www saw usace army mil /Wetlands /Notices /Current notices html The current notice involves
Issue Date 14 June 2012
Action Id# SAW 2010 01848
Applicant Mr Gray Methven Standard Pacific of the Carolinas LLC
The Raleigh Regulatory Field Office Corps of Engineers (Corps) has received an application from Mr Gray Methven of Standard
Pacific of the Carolinas LLC seeking Department of the Army authorization to permanently impact 385 linear feet and temporarily
impact 62 linear feet of unnamed tributaries to Big Branch for the construction of two road crossing for the Salem Village subdivision
including a section of the Apex Peakway from Tingen Rd to Salem Street and 0 057 acres of permanent wetland impacts from fill for
the construction of road crossings The project site is located adjacent to Tingen Rd in Apex Wake County North Carolina
Expiration Date 14 July 2012
Point of Contact James Lastinger
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any time please visit the Public Notice subscription page at the following web address
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Issue Date June 14 2012
Comment Deadline July 14 2012
Corps Action ID # SAW 2010 01848
The Wilmington District Corps of Engineers (Corps) has received an application from
Mi Gray Methven of Standaid Pacific of the Carolinas LLC seeking Department of the
Army authorization to permanently impact 385 linear feet and temporarily impact 62
linear feet of unnamed tributaries to Big Branch for the construction of two road crossing
for the Salem Village subdivision including a section of the Apex Peakway from Trngen
Rd to Salem Street and 0 057 acres of permanent wetland impacts fiom fill for the
construction of road crossings Previously approved and completed impacts for the Salem
Village subdivision include 121 linear feet of permanent stream channel impacts 7 linear
feet of temporary stream channel impacts 0 236 acres of permanent wetland impacts and
0 057 acres of temporary wetland impacts Total impacts for the project are 506 linear
feet of permanent stream channel impacts 69 linear feet of temporary stream channel
impacts, 0 293 acres of permanent wetland impacts and 0 057 acres of temporary
wetland impacts The project site is located adjacent to Trngen Rd , in Apex, 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/Notices /Current notices html
Applicant Standard Pacific of the Carolinas, LLC
Attn Gray Methven
1600 Perimeter Park, Suite 125
Morrisville, North Carolina 27560
Agent Soil and Environmental Consultants, PA
Attn Bob Zarzecki
11010 Raven Ridge Road
Raleigh, North Carolina 27614
Authority
The Corps will evaluate this application and a decide whether to issue conditionally
issue or deny the proposed work pursuant to the applicable procedures of section 404 of
the Clean Water Act

Location
The project Salem Village subdivision is approximately 195 acres and is bordered to the
north and west by South Salem Street and to the east by Tmgen Road in the Town of
Apex Wake County North Carolina Coordinates (in decimal degrees) for the site are
35 7136° North 78 8647° West The site is located in the Cape Fear River Basin (8
Digit Cataloging Unit 03030004)
Existing Site Conditions
The land use in the immediate area surrounding the project consists piimarily of
agricultural fields and forested tracts and residential homes The site itself is currently
under construction as the Salem Village subdivision
Applicant's Stated Purpose
As stated by the applicant the purpose of the project is to complete the construction of
the Salem Village subdivision in order to provide residential housing for the area
Project Description
The proposal is fill associated with the constructions of load crossings foi the Salem
Village subdivision Total permanent impacts for this proposal are 385 linear feet of
stream channel and 0 057 acres of wetlands
This permit proposal will be evaluated on the dimensions and aquatic impacts stated
above To mitigate for unavoidable impacts to wetlands and stream channels the
applicant has agreed to make payment into the North Carolina Ecosystem Enhancement
Program ( NCEEP) The NCEEP letter dated May 22 2012 indicating that they would
accept payment for impacts associated with these activities was included in the
application
Other Required Authorizations
This notice and all applicable application materials ale being forwarded to the appropriate
State agencies for review The Corps will generally not make a final permit decision until
the North Calolma 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 combined with appropriate application fee at the
North Carolina Division of Water Quality central office in Raleigh will constitute initial
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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 Expiess Permits Unit 9'h Floor 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 deliveied to the North Carolina Department of Enviiommental and
Natural Resources — Webscape Unit 1650 Mail Service Centei Raleigh North Carolina
27699 1650 Attention Ms Karen Higgins by July 5 2012
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 Registei 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 piehistoric 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 protect 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 of
threatened species of then 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 seasonably may be expected to accrue from the
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proposal must be balanced against its seasonably 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 positron 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 Drstr rct until 5pm July 14 2012 Comments
should be submitted to James Lastrnger Raleigh Regulatory Field Office 3331 Heritage
Trade Dr Suite 105 Wake Forest NC 27587
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