HomeMy WebLinkAbout20071445 Ver 1_Public Notice_20070824„~~~
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~~~~ uu~~~~~ PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
07- 1 44 5
Issue Date: August 21, 2007
Comment Deadline: September 20, 2007
Corps Action ID #: SAW-2007-00912-065
The Wilmington District, Corps of Engineers (Corps) has received an application from
the Town of Carolina Beach seeking Department of the Army authorization for the
discharge of fill material into 1.452 acres of Section 404 jurisdictional wetlands adjacent
to an unnamed tributary to the Cape Fear River and 3,2471inear feet of a man-made
tributary to the Cape Fear River, associated with the proposed Wilmington Beach Street
Improvements Project. The project area is located south of Carolina Sands Drive, north
of Alabama Avenue, and includes improvements to portions of Bowfin, Snapper,
Swordfish, Bonito, Mackerel, Pinfish, Searay, Spot and Croaker Lanes as well as sections
of Tennessee Avenue, North Carolina Avenue, Ocean Boulevard, South Carolina
Avenue, and Texas Avenue, in the Town of Carolina Beach, 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 www.saw.usace.army.mil/wetlands
Applicant:
Agent (if applicable):
Authority
Town of Carolina Beach
Attn: Mr. Timothy W. Owens, Town Mana er
r°-r .
1121 North Lake Park Boulevard ~ __`';;~„~.,~~~7~° ~~;
Carolina Beach, North Carolina 28428 t ~; ~ -~ L:r'
~~, ~! G 2 ~ 2001
Soil & Environmental Consultants, PA
Attn: Mr. Sean Clark ~~z~;,it~u;;,U~o ~pr~a,~~ ~~~cs
11010 Raven Ridge Road
Raleigh, North Carolina 27614
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 project area is located within the Wilmington Beach area of the Town of Carolina
Beach, New Hanover County, North Carolina and is confined to the established right-of-
way (ROW) of the following streets: Bowfin Lane, Snapper Lane, Swordfish Lane,
Bonito Lane, Mackerel Lane, Pinfish Lane, Searay Lane, Spot Lane, Croaker Lane,
Tennessee Avenue, North Carolina Avenue, Ocean Boulevard, South Carolina Avenue,
and Texas Avenue. The site contains approximately 1.45 acres of jurisdictional non-
riparian wetlands which are adjacent to an unnamed tributary to the Cape Fear River, a
Navigable Water of the United States. The project area also contains a linear, man-made
tributary to the Cape Fear River. Site coordinates are 34.0194°N, 77.9014°W.
Existing Site Conditions
The Wilmington Beach area is a residential mix of existing single and mulit-family
housing and undeveloped residential lots, many platted as early as 1913. With the
exception of sections of Spot and Searay Lanes, the roadways identified for improvement
within in the project area have a soil or gravel surface. The ROW of Spot Lane, between
South Carolina and Texas Avenues, is located almost entirely within an undisturbed non-
riparian wetland system. The ROW of Searay Lane between Ocean Boulevard and Texas
Avenue is partially located within the same non-riparian wetland system; however, this
section has been disturbed and impacted from utility line installation and currently
support shrub and herbaceous vegetation.
According to the United States Department of Agriculture Soil Survey of New Hanover
County (April 1977), wetlands within the site are classified as Leon sand, a poorly
drained soil, and has been classified as a hydric soil for New Hanover County. These
wetlands support vegetation which consists of loblolly pine (Pinus taeda), sweetbay
(Magnolia virginiana), water oak (Quercus nigra), red chokecherry (Amnia arbutifolia),
cinnamon fern (Osmunda cinnamonmea), and netted chain fern (Woodwardia areolata).
Upland soils are classified as Lynn Haven fine sand (poorly drained, hydric) and support
long-leaf pine (Pinus palustris), pond pine (Pinus serotina), live oak (Quercus
virginiana), sweetbay (Magnolia virginiana), southern bayberry (Myrica cerifera),
bracken fern (Pteridium aquilinum) and wiregrass (Aristida stricta).
Surrounding land use currently consists of scattered undeveloped, wooded residential
lots, single family housing, and multi-family duplexes to the north and south. West of the
project area is the undeveloped, wooded Military Ocean Terminal Sunny Point (MOTSU)
land, owned by the Department of Army. Mainly commercial development exists to the
west of the project area, along Lake Park Boulevard.
Applicant's Stated Purpose
The purpose of the project is to provide paved road access to platted residential lots and
to address the need and demand for housing in the area.
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Project Description
The applicant has proposed to discharge fill material into 1.452 acres of jurisdictional
wetlands and 3,247 linear feet of a man-made tributary to construct and/or improve the
roadway system of the Wilmington Beach area. Project plans, narrative and
supplemental information have been included with this Public Notice.
The applicant has also submitted a mitigation proposal with their application that entails
the preservation of approximately 40 acres of tidal marsh in Carolina Beach and payment
into the Ecosystem Enhancement Program (EEP) for restoration ofnon-riparian wetlands
within the Cape Fear River watershed at a 1:1 mitigation rate.
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 appropriate application fee
at the North Carolina Division of Water Quality central office in Raleigh will constitute
initial receipt of an application fora 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, Suite
250, 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 delivering to the North Carolina Division of Water Quality
(NCDWQ), at the above Crabtree Boulevard address ,Attention: Ms Cyndi Karoly by
September 6, 2007.
Coastal Zone Management
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 can not 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.
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
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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 (ESA), 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 maybe 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
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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, September 20, 2007. Comments
should be submitted to Jennifer S. Frye, Post Office Box 1890, Wilmington, North
Carolina, 28402-1890, telephone (910) 251-4923.
Version 12/12/05
Project No. Scale:
6253.W3 1" = 2000 FIG. 1 -USGS TOPOGRAPHIC MAP souRCE:
Project Mgr. Drawn By: TOWN OF CAROLINA BEACH CAROLINA BEACH
sc MM NEW HANOVER COUNTY, NC USGS QUADRANGLE
DATED:1999
Date: 06/15/07
11010 Raven Ridge Rd.
Raleigh, NC 27614
919-846-5900
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PROJECT AREA
«.:,; PREVIOUSLY (2001) IDENTIFIED DISTURBED
:J(''.':
'~ '"`:> WETLANDS
1 " = 350'
350 0 350 700
6253 W3Nc i cale~350~ OVERALL IMPACT MAP
Project Mgr. gown ey: TOWN OE CAROLINA BEACH OVERALL MAP
SC MM
Date: 06/14/07 NEW HANOVER COUNT`(, NC
11010 Raven Ridge Rd.
Raleigh, NC 27614
919-846-5900
GRAPHIC SCALE
1" = 50'
50 0 50 100
` /'/ ~
/ / ~ / ~ / I~ / / /
i
/ ~
/ j / / / / %/
/
j / i /
\ /
~ /' /
""r~~^"' PROPOSED FILL AREAS
APPROX. LOCATIONS OF S&EC IDENTIFIED WETLANDS THAT WERE NOT FIELD
-~ LOCATED BY A SURVEYOR
PROJECT AREA
WETI~,ND IMPACT: 24,900 SF (0.57 AC.)
PREVIOUSLY (2001) IDENTIFIED DISTURBED WETLANDS
Project No. Scale: ~,
6253.W3 1' = 50' IMPACT MAP ~' [ ~'~ ~ 11010 Raven Ridge Rd.
Pra;ect Mgr. Drawn ey: TOWN OF CAROLINA BEACH INSET MAP 1 ~ "' ® Raleigh, NC 27614
sc MM NEW HANOVER COUNTY, NC ('~` 919-846-5900
Date: 06/14/07 ~ r, ~,
GRAPHIC SCALE
1 " = 50'
'`;=;.~ PROPOSED FILL AREAS
APPROX. LOCATIONS OF S&EC IDENTIFIED WETLANDS THAT
WERE NOT FIELD LOCATED BY A SURVEYOR
~1-~ PROJECT AREA
PROPOSED WETLAND IMPACTS: 9,518 SF (0.22 AC.)
PREVIOUS WETLAND IMPACTS: 14,355 SF (0.33 AC.)
PREVIOUSLY (2001) IDENTIFIED DISTURBED WETLANDS
Project No. Scale:
6253.W3 1' = 50' IMPACT MAP ~ 11010 Raven Ridge Rd.
Pr°j°°t Mgr. Dr°W° aY: TOWN OF CAROLINA BEACH INSET MAP 2 ~ Raleigh, NC 27614
SC MM
Date: 06/14/07 NEW HANOVER COUNTY, NC 919-846-5900
50 0 50 100
GRAPHIC SCALE
1 " = 120'
;~'"'"`~ PROPOSED FILL AREAS
APPROX. LOCATIONS OF S&EC IDENTIFIED WETLANDS THAT
%'~•! ~ WERE NOT FIELD LOCATED BY A SURVEYOR
~~~~~ PROJECT AREA
~ ~:~ PREVIOUSLY (2001) IDENTIFIED DISTURBED WETLANDS
DITCH IMPACTS-TEXAS AVENUE:
1989 SF (0.05 AC)
DITCH IMPACTS-SNAPPER LANE
(SOUTH OF OCEAN
3605 SF (0.08 AC)
/ 872 LF
BLVD):
/ 673 LF
Project No. Scale:
62s3.w3 1' = so' IMPACT MAP •
Project Mgr. Drawn eY: TOWN OF CAROLINA BEACH INSET MAP 3 ® RalOeligh,RNC n276~19e R,. '~~
SC MM
NEW HANOVER COUNTY, NC 919-846-5900
Date: 06/14/07
120 0 120 240
PROPOSED FILL AREAS
-
~
~~~ APPROX. LOCATIONS OF S&EC IDENTIFIED WETLANDS THAT
-~~
= WERE NOT FIELD LOCATED BY A SURVEYOR
~~~~~~ PROJECT AREA
~r~
~~~`~'~ PREVIOUSLY (2001) IDENTIFIED DISTURBED WETLANDS
Project No. Scale:
6253.W3 1' = 50' IMPACT MAP
Pr°ject Mgr. or°W~ ey: TOWN OF CAROLINA BEAC
SC MM
NEW HANOVER COUNTY,
Dote: 06/14/07
H
NC
DITCH IMPACTS-MACKERAL LANE:
4743 SF. (0.11 AC) / 520 LF
DITCH IMPACTS-SNAPPER LANE (NORTH OF OCEAN BLVD)
9891 SF (0.23 AC) / 1182 LF
WETLAND IMPACTS-14473 SF (0.33 AC)
INSET MAP 4
11010 Raven Ridge Rd.
Raleigh, NC 27614
919-846-5900
GRAPHIC SCALE
1 " = 120'
120 0 120 240
p
1 ,
s syx~ ~r
r
1 : ~
,~
r
Project No. Scale:
6253.W3 1" = 200'
Project Mgr. Drawn By:
SC MM
Date: 07/20/07
CAROLINA BEACH AERIAL MAP
MITIGATION SITE
CAROLINA BEACH, NC
11010 Raven Ridge Rd.
Raleigh, NC 27614
919-846-5900
•
Project No. Scale:
6253.W3 1" = 1500'
Project Mgr. Drawn By:
SC MM
Date: 07/20/07
CAROLINA BEACH AERIAL MAP
MITIGATION SITE
CAROLINA BEACH, NC
11010 Raven Ridge Rd.
Raleigh, NC 27614
919-84E-5900