HomeMy WebLinkAbout20081342 Ver 1_Public Notice_2008091709-1344,
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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: September 17, 2008
Comment Deadline: October 17, 2008
Corps Action ID #: 200802598
The Wilmington District, Corps of Engineers (Corps) has received an application front
Mr. Carlton Midyette, seeking Department of the Army authorisation for permanent
impacts to 0.322 acre of jurisdictional bottonlland hardwood forested wetlands, and 2,165
linear feet of perennial stream channel. The impacts listed above arc associated with the
construction of a datll and SLlbse(lUcnt stream flooding to construct a lake. and 011C road
crossing on Mr. Midyette's 400 acre private cattle Darn(. in Franklin County. North
Carolina.
Specific plans and location information are described below an(I sho\\'n on the attache((
plans. This Public Noticc and all attached plaits are also available on the Wilnlin?lon
District Web Site tit %v\\
Applicant: Mr. Carlton Midvette
8310 Bandford Wad
Raleigh, NC 27615
Agent: Soil &. Environmental CollsUllallltS, PA
Attn: Nicolc Thomson
11010 Raven Ridoc Rd,
Radeish, NC 27614
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to app1icah1e procedures of Section 404 of the
Clean Water Act.
Location
The proposed project location is located on an existin`r 400 acre private cattle farm,
located between Gooseberry Lane and N. Pastures Trail, off Cedar Creek Rd. near
Franklinton, Franklin County, North Carolina. Coordinates, in decimal degree,, for the
project site are 36.0586° N. -75.4291° W. The project site contains several wetlands and
unnamed stream channels which drain to Ccdar Creek in the Tar-Pamlico River Basin (8-
Digit Cataloging Unit of 03020101).
Existing Site Conditions
The proposed project would result in the creation Of a 10+ acre recreational lake within
the existing 400 acre farm. Overall, the project study area is bordered to the cast by SR
1 105 (Mays Crossroads Rd.), to the west by SR I I 16 (Cedar Crock Rd.). aild to the south
by Hill Rd. The existing conditions Within this project segment include pot'tions 01'active
cattle pasture, uplands, several wetlands, :old several unnamed s[I- ants drainin?, to Cedar
Creek in the Tar-Pamlico River Basin. A Corns jtu-isdictional delineation field review for
verification of the limits of waters 01'01e U.S. Oil the prupert} subject lu 01.11' regulatory
authority is pending.
Applicant's Stated Purpose
The project purpose for the proposed activit% is to construct a chill on an unnanle(I
tributary (UT) to Cedar Creek and create a 10+ acre recreational lake on the property.
Project Description
This proposal is to construct a danl and on road crossime on it UT to Cedar Creck. The
design would call for some excavation within the proposed pond footprint to form the
banks of the pond and confine it within the proposed impact area. Total permanent
impacts from this proposal are 0.327 acre of,lurisdictional wetlands, and 2,165 linear feet
of perennial stream channel.
To mitigate for permanent impacts to jurisdictional Wctlaulds Mid sU-eanls, tile al)pliCLtill
has proposed a 13:1 mitig*ation ratio for wetland preser\ahon and a 3:1 niiti`,ation ratio
for stream preservation by the preservation ol'4.32 acres of contiUuous hottonl)MId
hardwood forested wedailds. approximately 0.1-00 linc,u. feet of channel, and
approximately 20 acres of protected Tau'-Pamlico riptu'ian hUftel'. thl'OU1h the inst;illation
of fences to permanently restrict cattle use in these areas. No other forms of nlitil-1ation
have been proposed for this project.
Other Required Authorizations
This notice and all applicable application materials are hein`_ forwarded to the appropriate
State agencies for review. "File Corps will generally not make a Final permit decision
until the North Carolina Division or 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 al)l)ropt'iatc application fce
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 lie
deemed to occur if the NCDWQ tails to act on this request for ccrtificatl0Il Wlthlll 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 Crabu'cc Boulevard,
Raleigh, North Carolina 27604-2260. All persons clesirins to slake conlnlems re"arclina
the application for certification uncler Section 401 ol'the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quakily (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyncli Karoly by
October 10, 2008.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation reyuirenlcnts 01"111C
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed projcct \yill not actversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Alla ntic Fishery Mana"cnlcnt Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest publishecl version ol'the National Register of I-listoric
Places and is not aware that any registered properties, or properties listed as bein"
eligible for inclusion therein are located within the project area or will he 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 prol)oSccl
work.
Endangered Species
The Corps has reviewed the project area, exaurlincd all information promled by the
applicant and consulted the latest North Carolina Natural Heritage Database. Bascd on
available information, the Corps has cleternlincd one federally cnclangcrcd species, the
Dwarf Wedge Mussel (Alasnliclonta hetermlon), has hcell doCLllllelltc(i within 5,765 feet
( 1.1 mile) upstream of the 400 acre properly bound;u'ics in Cedar Creck upstream ol'the
tributary that the proposed pond will be impacting. Based on the available information.
the Corps has not cletermined whether the proposal project will h;tve an effect on
federally listed endangered or threatened Specie, or their formally dcsi-nated critical
habitat, pursuant to the Endangered Species Act of 1973,
Evaluation
The decision whether to issue a permit will be basccl on an evaluation of the probable
impacts, including CLlrllUlaliye impacts, of the proposed activity on the public interest.
That decision will reflect the national concern I'or both protection and utilization ol'
important resources. The benefit which reasonably play be expectccl to accrue I'ronl the
proposal must be balanced against its reasonably foreseeable cletrinlcnts. All factors
which may be relevant to the proposal will be considcrcd includin21 1110 CL1111L1Iatiyc cl'l'ccts
thereof; among those are conservation, economics, aesthetics. ,cnerad ell vI roll 111C111,11
concerns, wetlands, historic properties, fish and wildlll"e values. Hood havards, 11oocl plain
values (in accordance with Executive Order 1 1988). land use. navigation. Shoreline
erosion and accretion, recreation. water supply anti conservation, water quality, energy
needs, safety, food and fiber production, mineral needs. considerations of property
ownership, and, in general. the needs and wellare of the people. Fur activities involvinI
the discharge of dredged or fill materials in waters 01'thc UIlIlCd States. the evaluation of
the impact of the activity un the public interest \vill includr application of the
Environmental Protection Agcncv's-IO-I(b)( I ) `!uidchiies.
Commenting Information
The Corps of Engineers is solicitin_ conlnlents 11'0111 the publie: Federal, State and local
agencies and officials. includin'i any consolidate State Viewpoint or \vritten position 01'
tile Governor: Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments recrived will he considered by the
Corps of Engineers to determine whether to issue. nuxlify. condition or deny a permit for
this proposal. To slake this decision. comments .Irv used to a.s,css impacts on endangcred
species, historic properties, water quality. IIcncral ClIVironnlcntal effects :old the other
public interest factors listed above. Comments a IV used in the preparation of an
Environmental Assessment (EA) and/or an Environnlcntal Impact Statement (EIS)
pursuant to the National Environmental Pulicv Act (NEPA). Continents arc also used to
determine the need for a public hcarinL' and to deterlllltle the overall public interest of the
proposed activity.
Any person may request, in writill ?. within the continent period specified in this notice.
that a public hearing be held to consider the atpplication. Requests for public hearings
shall state, with particularity. the reasons for holding a public hearing. Requests for u
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 al hcauinl.
Written comments pertinent to the proposed \\ork. as outlined above, will be received
by the Corps of Engineers. Wilmington Distl-let. ltntll 5pm. October 17, 2008. Comments
should be submitted to Mr. James Lastinuer. (919) 554-4884. Est. 32, Raleigh Rc_ulatory
Field Office, 3331 Heritage Trade Drive. Suite I05. Wale Forest, North Carolina 27557.
4
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? G USGS ?TOPOGRAPHIC? MAP
FIG
\111 n ??1? ?? ' 1 ` 1 Vr
Pro'ect No. Scale:
59?l.W4 1•=2000 MIDYETTE FARM
FRANKLIN CO. POND FRANKLNTON 11o1oNCRavenRidg27614eRd.
NT?ect Mgr. Drawn By: USGS QUADRANGLE
Dale: 8128/08 FRANKLIN COUNTY, NC DATED:1999 9
2 of 6
MIDYETTE FARM
FRANKLIN CO. POND
FR:'kNKLIN COUNTY, NC
LEGEND
IMPACTED PERENNIAL STREAM
® JURISDICTIONAL WETLAND
LINEAR WETLAND
PROPOSED POND FOOTPRINT
J
PROPOSED POND DAM
PROPERTY LINE
IMPACT TOTALS:
INSET 1: DAM-FILL IMPACTS
STREAM: 128 LF
3902 SF / 0.089 AC
WETLAND: 530 SF / 0.012 AC
INSET 2:
POND-FLOODING IMPACTS
STREAMS: 2017 LF
41579 SF / 0.954 AC
WETLANDS:
13500 SF / 0.310 AC
INSET 3: PIPE-FILL IMPACT
STREAM:20 LF
470 SF / 0.011 AC
INSET 2
POND-FLOODING /
/
/
I (
I
t I
NON-IMPACTED
PERENNIAL STREAM
GRAPHIC SCALE
?`_1 300'
300
INSET 1
DAM-
i FILL
/
I
I
/
c
loss"'o
INSET 3
PIPE-FILL
IT t NON-IMPACTED
WETLANDS
IMPACT MAP
FIG. 5
3 of 6
MIDYETTE FARM
FRANKLIN CO. POND
FRANKLIN COUNTY, NC
WETLAND IMPACT:
530SF/0.012AC
STREAM I M PACT:
PROPOSED DAM 128 LF
3902 SF 10.089 AC
DAM-FILL IMPACTS
/ FIG. 5A - INSET 1
4of6
MIDYETTE FARM
FRANKLIN CO. POND
FRANKLIN COUNTY, NC
WETLAND IMPACTS:
13500 SF / 0.310 AC
\
PROPOSED POND f
1
I
1010
I /
STREAM IMPACTS:
2017 LF
41,579 SF / 0.954 AC
i
GRAPHIC SCALE
1 200'
o 200
POND-FLOODING IMPACTS
FIG. 5A - INSET 2
k***
2O?R -
?Ro
SS?N
G
GRAPHIC SCALE
1 50'
0 50
X
ij
M I DYETTE FARM
FRANKLIN CO. POND
FRANKLIN COUNTY, NC
/161
il w
STREAM IMPACT:
20 LF
470 SF / 0.011 AC
5of6
PIPE-FILL IMPACTS
FIG. 5A- INSET 3
6 of 6
MIDYE i TE FARM
FRANKLIN CO. POND
FRANKLIN COUNTY, NC
STREAM: 20 LF
470 SF
0.011 AC
PIPE-FILL IMPACT
4' PIPE 4' PIPE
«;, .dr.•' 'orb'
21' STREAM WIDTH
GRAPHIC SCALE
1" = 5'
0 5
PIPE-FILL X-SECTION
(SEE FIG. 5A INSET 3)
FIG. 6