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SAW - 2003 -00214 j> SAW - 2003-00214 -PN
Public Notices by Year posted: 4/23/2013
2013 (15) Expiration date. 5/23!2013
2012 (5)
Issue Date April 23, 2013
Comment Deadline, May 23, 2013
Corps Action ID #. SAW - 2003-00214
The Wilmington District, Corps of Engineers (Corps) has received an application from Mr. Burrows
Smith of Sevens Land Company, LLC seeking Department of the Army authorization for the discharge
of fill material Into 0.017 acre of wetlands and 0.050 acre of jurisdictional tributaries, associated with
the construction of the residential development known as Berkeley at Westbay Estates. The 67.55
acre project area Is located at 403 Torchwood Boulevard, In Wilmington, 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 Ilvwvw saw usace army ml UMlssions/ RegulatoryPemNtProgram /PubiicNotices aspx
Applicant: Savana Land Company, LLC
Atin• Mr. Burrows Smith
7036 Wrightsville Avenue, Suite 101
Wilmington, North Carolina 28403
Agent (if applicable): Southenj Environmental Group, Inc
Attn, David Syster
5315 South College Road., Suite E
Wilmington, North Carolina 28412 1
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 (33 U S C 1344)
Location
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SAW- 2003 -00214 > Wilmington District > Public Notices Page 2 of 4
The 57.55 acre project area is located at 403 Torchwood Boulevard, on the north side of Market Street (US
Hwy 17), within Westbay Estates subdivision, in the township of Ogden, New Hanover County, North
Carolina. The site is bound by Lendire Drive to the southwest, Section 1 of Kingswood at Westbay Estates
and Beacon Drive to the south and east, Torchwood Drive to the north and northeast and North Carolina
Department of Transportation ( NCDOT) right -of -way to the west and northwest. The site contains
approximately 1.17 acres of jurisdictional wetlands and 2,875 If of unnamed tributaries to Smith Creek, a
tributary to the Northeast Cape Fear River, a Navigable Water of the United States. Site coordinates are
34.283397 -N, -77 824710 -W.
Existing Site Conditions
The project area is the last remaining undeveloped tract of Westbay Estates, a 497 -acre development located
east of Gordon Road and north of Market Street Known as Berkeley at Westbay Estates, it is surrounded by
six other subdivisions that contain approximately 473 lots in total, with an average lot size of 015 acre. A
Department of the Army permit was issued to Dallas Harris Construction in 2005 for permanent impacts to
0.611 acre of wetlands and 2 79 acres of jurisdictional tributaries for the construction of Westbay Estates. The
permit was transferred to Savans Land Company LLC, and later modified In 2007 to impact 0 24 acre of
wetlands and 1.33 acres of jurisdictional tributaries The permit expired before the completion of the Berkeley
subdivision which was a portion of the transferred permit
The site Is partially wooded mostly undeveloped land, with the exception of two large storm water ponds
existing on the north and west sides of the tract There are four wetland pockets within the project area that
have been deemed Wetland Preservation Area as required by previous permit conditions (recorded in the
New Hanover County Register of Deeds, Mapbook 56, page 5) There is also an easement for the proposed
NCDOT Military Cutoff Extension which borders the project area along its northwestern edge.
According to the New Hanover County Generalized Soil Survey, uplands and wetlands within the site are
classified as Murville fine sand and Leon fine sand. All wetlands and tributaries onsite appear to drain to the
north via Tulloch ditches and eventually discharge Into Smith Creek within the Northeast Cape Fear River
Basin (HUC 03030007) Wetlands within the site support mostly p000sin family species such as swamp tits,
redbay, sweetbay, gallberry, fodder, cinnamon fem, broomsedge and Greenbrier, however, the site is mostly
devoid of understory vegetation because it is mowed regularty. The uplands support Leon flatwoods species
such as pond pine and gallberry, with a few long leafs, wiregress and creeping blueberry as well.
Applicant's Stated Purpose
The applicant's stated purpose is to construct a new phase of residential dwellings in Westbay Estates, with
associated roads and lot access.
Project Description
The applicant has proposed to discharge fill material Into an additional 0.017 acre of wetlands and 0 050 acre
of jurtsdictional tributaries to complete the planned 57 -acre development The development would consist of
141 lots, with the average size lot being approximately 0 20 acre. Project plans have been included with this
Public Notice
The applicant submitted an Alternatives Analysis that Includes a No Action Aftemative, Alternate Sites and the
Preferred Project This information has been included with this Public Notice as well.
Compensatory mitigation for previously permitted Wetland Impact Areas A -F was completed through
restoration of 2.77 acres of non- riparlan wetland and preservation of 4 70 acres of existing wetlands (total
preservation of 7.47 acres) Therefore, the Applicant does not propose any further mitigation with this
application
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 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 falls 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, 512 North Salisbury Street, Raleigh, North Carolina
27604 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 Mall Service Center, Raleigh, North Carolina 27699.1650 Attention• Ms. Karen Higgins by
May 23, 2013.
Coastal Area Management Act
The applicant has not provided to the Corps a certification statement that histher proposed activity complies
with and will 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 permit for the proposed
work until the applicant submits such a certification to the Corps and the North Carolina Division of Coastal
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SAW- 2003 -00214 > Wilmington District > Public Notices Page 3 of 4
Management ( NCDCM), and the NCDCM notifies the Corps that it concurs with the applicant's consistency
certification.
Essential Fish Habitat
This notice Initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson - Stevens
Fishery Conservation and Management Act. According to the NOAA EFH Mapper, there is no EFH within the
project limits The closest EFH is within Howe and Pages Creek approximately 1.5 miles to the east 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 has
determined pursuant to the Endangered Species Act of 1973, that the proposed project will not have an effect
on any federally listed species or their formally designated critical habitat. A search of the North Carolina
Natural Heritage Program database was conducted to identify areas within or around the site that are already
known to support federally- listed species. No rare species were noted within the project area The closest
element occurrence is approximately 4,000 feet from 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 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 Agencys 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 Spm, May 23, 2013 Comments should be submitted to Emily B Hughes,
69 Darlington Avenue, Wilmington, North Carolina, 28403 -1398, telephone (910) 251 -4635
1. Alternatives
The Applicant considered other potential means of developing the subject parcel and has been unable to find
a practicable alternative that would achieve his goal and meet his stated purpose.
A. Alternative 1. — No Action
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SAW- 2003 -00214 > Wilmington District > Public Notices Page 4 of 4
The No Action Attemative (leaving the proposed Impact areas undeveloped) would not be feasible, as
not developing these lots would make the project economically Impractical
B. Alternative 2.— Alternate Sites
Using an alternate site is not feasible for several reasons: 1) all infrastructure and roadway access are
In place within Westbay Estates and the proposed tract Is currently owned by the Applicant, and the
Applicant builds homes equal In quality, design and size to the existing homes in the subdivision
C. Alternative S — Preferred Location
The proposed impacts are the preferred alternative, as they provide the location specific impacts
necessary to meet the purpose and need of the project.
See attached Public Notice for Project Plans and Maps.
o NC \� New Hanover County ,\ Westbay Estates
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1 1
I�.�1
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: April 23, 2013
Comment Deadline: May 23, 2013
Corps Action ID #: SAW- 2003 -00214
The Wilmington District, Corps of Engineers (Corps) has received an application
from Mr. Burrows Smith of Savana Land Company, LLC seeking Department of
the Army authorization for the discharge of fill material into 0.017 acre of wetlands
and 0.050 acre of jurisdictional tributaries, associated with the construction of the
residential development known as Berkeley at Westbay Estates. The 57.55 acre
project area is located at 403 Torchwood Boulevard, in Wilmington, 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 /RegulatoryPermitProgram/Pu blicNotices.
aspX
Applicant: Savana Land Company, LLC
Attn: Mr. Burrows Smith
7036 Wrightsville Avenue, Suite 101
Wilmington, North Carolina 28403
Agent (if applicable):
Authority
Southern Environmental Group, Inc.
Attn: David Syster
5315 South College Road., Suite E
Wilmington, North Carolina 28412
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 (33 U.S.C. 1344).
Location
The 57.55 acre project area is located at 403 Torchwood Boulevard, on the north side of
Market Street (US Hwy 17), within Westbay Estates subdivision, in the township of
Ogden, New Hanover County, North Carolina. The site is bound by Lendire Drive to the
southwest, Section 1 of Kingswood at Westbay Estates and Beacon Drive to the south
and east, Torchwood Drive to the north and northeast and North Carolina Department of
Transportation ( NCDOT) right -of -way to the west and northwest. The site contains
approximately 1. 17 acres of jurisdictional wetlands and 2,875 if of unnamed tributaries to
Smith Creek, a tributary to the Northeast Cape Fear River, a Navigable Water of the
United States. Site coordinates are 34.283397 °N, - 77.824710 °W.
Existing Site Conditions
The project area is the last remaining undeveloped tract of Westbay Estates, a 497 -acre
development located east of Gordon Road and north of Market Street. Known as
Berkeley at Westbay Estates, it is surrounded by six other subdivisions that contain
approximately 473 lots in total, with an average lot size of 0.15 acre. A Department of
the Army permit was issued to Dallas Harris Construction in 2005 for permanent impacts
to 0.611 acre of wetlands and 2.79 acres of jurisdictional tributaries for the construction
of Westbay Estates. The permit was transferred to Savana Land Company LLC, and later
modified in 2007 to impact 0.24 acre of wetlands and 1.33 acres of jurisdictional
tributaries. The permit expired before the completion of the Berkeley subdivision which
was a portion of the transferred permit.
The site is partially wooded mostly undeveloped land, with the exception of two large
storm water ponds existing on the north and west sides of the tract. There are four
wetland pockets within the project area that have been deemed Wetland Preservation
Area as required by previous permit conditions (recorded in the New Hanover County
Register of Deeds, Mapbook 56, page 5). There is also an easement for the proposed
NCDOT Military Cutoff Extension which borders the project area along its northwestern
edge.
According to the New Hanover County Generalized Soil Survey, uplands and wetlands
within the site are classified as Murville fine sand and Leon fine sand. All wetlands and
tributaries onsite appear to drain to the north via Tulloch ditches and eventually discharge
into Smith Creek within the Northeast Cape Fear River Basin (HUC 03030007).
Wetlands within the site support mostly pocosin family species such as swamp titi,
redbay, sweetbay, gallberry, fedder, cinnamon fern, broomsedge and Greenbriar,
however, the site is mostly devoid of understory vegetation because it is mowed
regularly. The uplands support Leon flatwoods species such as pond pine and gallberry,
with a few long leafs, wiregrass and creeping blueberry as well.
Applicant's Stated Purpose
The applicant's stated purpose is to construct a new phase of residential dwellings in
Westbay Estates, with associated roads and lot access.
-2-
Project Description
The applicant has proposed to discharge fill material into an additional 0.017 acre of
wetlands and 0.050 acre of jurisdictional tributaries to complete the planned 57 -acre
development. The development would consist of 141 lots, with the average size lot being
approximately 0.20 acre. Project plans have been included with this Public Notice.
The applicant submitted an Alternatives Analysis that includes a No Action Alternative,
Alternate Sites and the Preferred Project. This information has been included with this
Public Notice as well.
Compensatory mitigation for previously permitted Wetland Impact Areas A -F was
completed through restoration of 2.77 acres of non - riparian wetland and preservation of
4.70 acres of existing wetlands (total preservation of 7.47 acres). Therefore, the Applicant
does not propose any further mitigation with this application.
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 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, 512 North
Salisbury Street, Raleigh, North Carolina 27604. 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. Karen Higgins by May 23, 2013.
Coastal Area Management Act
The applicant has not provided to the Corps a certification statement that his/her
proposed activity complies with and will 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 permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
-3-
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson- Stevens Fishery Conservation and Management Act. According to the NOAA
EFH Mapper, there is no EFH within the project limits. The closest EFH is within Howe
and Pages Creek approximately 1.5 miles to the east. 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 has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will not have an effect on any federally listed species
or their formally designated critical habitat. A search of the North Carolina Natural
Heritage Program database was conducted to identify areas within or around the site that
are already known to support federally- listed species. No rare species were noted within
the project area. The closest element occurrence is approximately 4,000 feet from 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
-4-
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Ordei• 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.
Written comments pertinent to the proposed work, as outlined above, will be received by
the Corps of Engineers, Wilmington District, until 5pm, May 23, 2013. Comments
should be submitted to Emily B. Hughes, 69 Darlington Avenue, Wilmington, North
Carolina, 28403 -1398, telephone (910) 251 -4635.
-5-
I. Alternatives
The Applicant considered other potential means of developing the subject parcel and has been unable to
find a practicable alternative that would achieve his goal and meet his stated purpose.
A. Alternative 1. — No Action
The No Action Alternative (leaving the proposed impact areas undeveloped) would not be feasible, as
not developing these lots would make the project economically impractical.
B. Alternative 2. — Alternate Sites
Using an alternate site is not feasible for several reasons: 1) all infrastructure and roadway access are
in place within Westbay Estates and the proposed tract is currently owned by the Applicant; and the
Applicant builds homes equal in quality, design and size to the existing homes in the subdivision.
C. Alternative 3 — Preferred Location
The proposed impacts are the preferred alternative, as they provide the location specific impacts
necessary to meet the purpose and need of the project.
-6-
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VERTICAL SCALE IN FEET 1'a 5'
50 25 0 50 100 150
HORIZONTAL SCALE IN FEET. 1'= 50'
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VERTICAL SCALE IN FEET 1'a 5'
50 25 0 50 100 150
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HORIZONTAL SCALE IN FEET. 1'= 50'
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