20160199 Ver 1_Public Notice_20160321

Burdette, Jennifer a
From: Folta, Christine W SAW <[e-mail]>
Sent: Monday, March 21, 2016 4:01 PM
Subject: US Army Corps of Engineers Public Notice
As you requested, you are hereby notified that the Wilmington District, United States 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: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx.
The current notice involves:
Corps Action ID#: SAW -2016-00507
Issue Date: March 21, 2016
Applicant: Pender County Schools
Expiration Date: April 19, 2016
Point of Contact: Ms. Emily Greer, Project Manager
Project Description:
The Wilmington District, Corps of Engineers (Corps) received an application from Pender County Schools seeking
Department of the Army authorization to impact Waters of the US, associated with the construction of a K-8 school with
associated recreational fields, access road, parking, and stormwater facilities in Surf City, Pender County, North Carolina.
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PUBLIC NOTICE
Issue Date: 21 March 2016
Comment Deadline: 19 April 2016
Corps Action ID Number: SAW -2016-00507
The Wilmington District, Corps of Engineers (Corps) received an application from
Pender County Schools seeking Department of the Army authorization to impact waters
of the US, associated with the construction of a K-8 school with associated recreational
fields, access roads, parking, and stormwater facilities in Surf City, Pender 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:
htlp://www.saw.usace.army.mil/Missions/R e u� lato Perr�gram.aspx
Applicant:
AGENT (if applicable):
Authority
Pender County Schools
c/o Mr. Kenneth Fuller
925 Penderlea Highway
Burgaw, North Carolina 28425
Land Management Group, Inc.
c/o Ms. Kim Williams
3805 Wrightsville Avenue
Wilmington, North Carolina 28403
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)
Version 7.8.2014 Page 1

Location
Directions to Site: From Wilmington, take Highway 17 North to Pender County. Turn
right onto Shepards Road, then, turn right onto Perkins Drive. The site is located on the
left, as shown in the attached Vicinity Map.
Project Area (acres): 87.47 Nearest Town: Surf City
Nearest Waterway: Becky's Creek River Basin: White Oak River Basin
Latitude and Longitude: 34.462N, -77.574W
Existing Site Conditions
The 87.47 -acre site is currently forested with dirt access roads throughout and contains
56.9 acres of forested wetlands and 0.041 acres of isolated wetlands. The site was cleared
in 2002 so young saplings dominate the upper canopy, which consists of longleaf (Pinus
palustris) and loblolly (Pinus taeda) pine trees, turkey oak (Quercus laevis), and live oak
(Quercus virgininana). In the mid -canopy, red maple (Acer ruhrum), titi (Cyrilla
racemiflora), live oak, loblolly bay (Gordonia lasianthus), and wax myrtle (Morella
cerifera) are the dominate species. A sparse herbaceous layer consisting primarily of
wiregrass (Aristida stricta) exists. Wetlands identified in the southwest portion of the site
appear the drain south to Becky's Creek and the northern wetlands flow northeast toward
County Line Branch. Both of the receiving waters are classified as High Quality Waters
and shell fishing and recreational tidal salt waters classification as defined by the North
Carolina Division of Water Resources.
Applicant's Stated Purpose
The purpose of the new school is to provide educational opportunities to a growing
community.
Project Description
The proposed project entails the construction of a 162,838 gross square foot K-8 school
building, with an initial footprint supporting 1,140 students and a future expansion that
will accommodate a total of 1,500 students, recreational fields (baseball, softball, soccer,
and football), parking, access roads, and stormwater facilities. The project proposes to
impact 8.16 acres of freshwater, forested wetlands and 0.041 acre of isolated wetland.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: The building would be situated in the
largest upland area on the property in order to use all uplands to the maximum extent
practicable. The chosen configuration of the building was not the preferred configuration;
however, it would reduce wetland impacts compared to other configurations. By
combining the elementary school (Grades K-3) and the middle school (Grades 4-8)
Version 7.8.2014 Page 2

impervious surfaces as well as wetland impacts would be reduced compared to
constructing separate schools on different sites.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: At this time, the applicant proposes
preservation of the remaining 48.77 acres of onsite wetlands to offset impacts to 4.877
acres of wetlands at a 10:1 ratio and offsetting the remaining 6.5 acres of impact through
purchasing credits at a 2:1 ratio (6.5 acres x 2) for restoration of non -riparian wetlands
from the Northeast Cape Fear Mitigation Bank located in the Cape Fear River Basin.
Essential Fish Habitat
Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps' initial determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that no historic
properties, nor properties eligible for inclusion in the National Register, are present
within the Corps' permit area; therefore, there will be no historic properties affected. The
Corps subsequently requests concurrence from the SHPO.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO with full consideration given to the proposed undertaking's
potential direct and indirect effects on historic properties within the Corps-indentified
permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps 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 any 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. The Corps will make a final determination on the effects of the
proposed project 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.
Version 7.8.2014 Page 3

Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as 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 NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central
Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so in writing to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
Or to,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
Based upon all available information, the Corps determines that this application for a
Department of Army (DA) permit does not involve an activity that would affect the
coastal zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.C.
1453).
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
Version 7.8.2014 Page 4

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 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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until Spm, 19 April 2016. Comments should be
submitted to Ms. Emily Greer,Wilmington Regulatory Field Office„
69 Darlington Avenue, Wilmington, North Carolina 28403 , or by email at
[e-mail].
Version 7.8.2014 Page 5

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