20061841 Ver 1_Public Notice_20061127

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: November 21, 2006
Comment Deadline: December 21, 2006
Corps Action ID #: 2005-207-016
The Wilmington District, Corps of Engineers (Corps) has received an application from
Mr. Tony McNeill seeking Department of the Army After-the-Fact (ATF) authorization
to keep an 135-ft long by 35-ft wide earthen dam in approximately 0.1 acre of
jurisdictional wetlands and waters, and to impound approximately 2.0 acres of wetlands
and approximately SOO linear feet of stream on property located at 523 Old Church Road,
west side of SR 1104 (Old Church Road), within an unnamed tributary to Hadnot Creek,
near Stella, Carteret 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.armv.mil/wetlands
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Applicant: Tony McNeill
523 Old Church Road ~J~jV 2 r 2000
Swansboro, North Carolina 28584
Authority
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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.
Location
The project site is located at 34.7692, -77.0881, #523 Old Church Road, west side of SR
1104 (Old Church Road), approximately 0.1 mile north of intersection with NC Hwy 58,
within an unnamed tributary to Hadnot Creek, which connects to the White Oak River,
just south of Stella, Carteret County, North Carolina.
Existing Site Conditions
The 250+ acre tract is predominantly cleared and is set in pastureland for rearing cattle.
There are two homes, one being currently constructed, on the property; and five
ponds/watering holes scattered within the tract. The onsite pond size ranges from
approximately 0.5 acre to approximately 4.0 acres. Two separate streams that flow from
the Croatan National Forest, one being the subject project site, traverse across the
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property and empty into Hadnot Creek. Currently, the southern 79 acres of the 250+ acre
property is being developed for home sites. Soil types listed within, or in the vicinity of,
the project pond site include Masontown mucky loam, which is hydric and frequently
flooded, and Goldsboro loamy fine sand, non-hydric, on the southwest side of the stream
and Baymeade fine sand, non-hydric, on the northeastern side.
The entire proposed project site has been mechanized land cleared and excavated.
Approximately 0.1 acre of jurisdictional wetlands and waters has been filled for the
construction of an earthen dam and approximately 2.0 acres, including approximately
1,000 linear feet of stream, have been cleared and excavated. The dam has a 48-inch pipe
that presently allows normal flows, and a riprap basin is located on the downstream side
of the culvert to prevent suspended from migrating downstream. At the head of the
cleared stream, which is approximately 200 feet west of SR 1104 (Old Church Road),
erosion control measures have been implemented, pursuant to a directive from our office,
to prevent on-going headcutting as the result of the clearing and excavation.
Applicant's Stated Purpose
The applicant's stated purpose for the impoundment is to provide water to irrigate
pastureland and to provide habitat far waterfowl. This stated objective is from the
application and onsite discussions with the applicant. Current uses of the property are
residence and pastureland.
Project Description
The proposed project includes keeping the 135-ft long by 35-ft wide earthen dam in-
place, impacting approximately 0.1 acre of jurisdictional wetlands and waters.
Additionally plans include capping the current 48-inch culvert with a riser structure in
order to impound the existing stream. The stream at the dam location is perennial. The
length of the perennial stream has not been determined, but aerial photos and cursory
ground inspections show at least approximately 400 linear feet upstream. The proposed
pond depths will range from 5.0 feet, near the dam, to 3.0 feet, in the upper reaches, and
has been calculated to hold approximately 1.5 acres of water. This is expected to provide
2.01 acre inches of irrigation water for the 45 acres of pasture located on the east side of
the project site.
It should be noted that the proposed pond does not meet the Department of the Army
irrigation exemption requirements.
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
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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,
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 delivered to the North Carolina Division of Water Quality (NCDWQ), 2321
Crabtree Boulevard, Raleigh, North Carolina 27604-2260. Attention: Ms Cyndi Karoly
by December 15, 2006
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
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 is not aware of the presence of 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. A final determination on
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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 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.
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Written comments pertinent to the proposed work, as outlined above, will be received by
the Corps of Engineers, Wilmington District, until Spm, December 21, 2006. Comments
should be submitted to Mr. Mickey Sugg, Post Office Box 1890, Wilmington, North
Carolina 28402-1890. If you have questions, please contact Mr. Sugg at [phone].
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