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Home My WebLink About20070395 Ver 1_Public Notice_20070307UMI US Army Corps Of Engineers Wilmington District 20070 395 PUBLIC NOTICE Issue Date: 03/01/2007 Comment Deadline: 03/31/2007 Corps ORM ID #: SAW -2007-735-107 The Wilmington District, Corps of Engineers (Corps) has received an application from MAG II Grimes Farm, LLC seeking Department of the Army authorization to impact 0.22 acres of palustrine forested wetlands and 2,430 linear feet (0.62 acres) of other waters of the United States associated with construction of a retail center in Beaufort 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 FD .11 3 P`'� e're� Applicant: Mr. William I. Gulliford, III MAR 7 2007 MAG II Grimes Farm, LLC. 1021 Oak Street&4 WAFER QUALITY Jacksonville, Florida 32205 41 TI"6-;'O"O'S"ORMWATERBR CH AGENT (if applicable): Mr. Daniel Redgate Kimley-Horn and Associates, Incorporated 501 Independence Parkway, Suite 300 Chesapeake, Virginia 23320 Authority The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Location Project property is a 33.22 acre tract containing jurisdictional waters and wetlands adjacent to Cherry Run and Jacks Creek, tributaries to the Tar River and Pamlico Sound. The property is located at the southeastern quadrant of the intersection of US 264 Bypass (West Fifteenth Street Extension) and Whispering Pines Road (NCSR 1404) in the City of Washington, Beaufort County, North Carolina (35.5638 -77.0680). Version 12/12/05 Eicisting Site Conditions FJ The project property is an undeveloped tract located within the city limits of Washington, North Carolina. US 264 bypass, also called West 15ffi Street Extension, forms the northeastern boundary of the parcel, and Whispering Pines Road (NCSR 1404) forms the northwestern property boundary. The properties to the west and south contain residential housing developments and to the tracts to the east contain an elementary school and a retail shopping center. The property has been in agricultural production since before 1938 and agricultural activities have altered natural conditions on the site. Most of the water courses on the property have been channelized through the existing agricultural fields. There are four areas of wooded wetlands present on the property. Two of the wetland areas are located along the western property boundary, one in the southern portion of the tract and one near the center of the property. Applicant's Stated Purpose The stated purpose of the project is to develop a retail center consisting of approximately 150,000 square feet of retail space and parking for 800 vehicles. Project Description The applicant proposed to place fill in 2,430 linear feet of other waters of the United States and to fill 0.22 acres of palustrine forested wetlands in order to construct the proposed retail facility. The applicant proposes to make payment to the North Carolina Ecosystem Enhancement Program to compensate for impacts to 0.22 acres of wooded wetlands. 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 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, 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), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by 03/31/2007 Version 12/12/05 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 has determined pursuant to the Endangered Species Act of 1973, 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 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 Version 12/12/05 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, 03/31/2007. Comments should be submitted to Ms. Tracey L. Wheeler, US Army Corps of Engineers, Post Office Box 1000, Washington, North Carolina 27889. Version 12/12/05 •a +a.a.w wxo YM'IOHYJ B11IOR d7.N00J.[$Or10Y29 OZM—A •q.aE°say� oEc.Kvs��i wdw�o..aw.,,°s AIolDNIIHsvm d0 SIM ,tuedwo uoi islnbo °°scare vsa ri °°c °ms 'ill 'll � 1. t/JVW oul 'saleioom pue usid;daauo0 do W0H-Aajw� ❑�� {'EIIl>IIliaad juautdo arta zn a 1 Q J ?I V R o as11.7 i w oOI I jR a A`•ppE �e1f�4q s'o t,<a� n i g33 X53 3�+i Fes: __� =ai5ip,'� a: 3•_s 1" 1. al> 1_ZU aa- lit; ¢• j. .i 3 1 x' v. M3 'x r La as 23 I.—ca0 0 e f 1 ' i S 1 �;1f1 I ° IL I"i O 2 = m 1404) � i; ROAD CSR _- o00 � � —.-- WHISPERING PINES—`–', --- _ -- o r-\ I \� I z N QUis S (n� I 6 I � •rte g4 m - Ja WN sY - CiE r-\ I \� I z 007039 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT (33 CFR 325/ OMB APPROVAL NO. 0710-0003 Expires December 31, 2004 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require 1 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Hea Pa gt dq jaMus Service Directorate of Information Operations and Reports, 1215 .Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to th at, Paperwork Reduction Project (0710-0003). Washington, DC 20503. Respondents should be aware that no - h p f law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OM control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. FES i PRIVACY ACT STATEMENT ��r., Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC I "MA>R O'CRO Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will w%ia"-awp re i On a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. ITEMS BELOW TO BE FILLED BY ADPL/CAN 5. APPLICANT'S NAME ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS Daniel Redgate 1. APPLICATION NO. 2. FIELD OFFICE CODE 13. DATE RECEIVED 4. DATE APPLICATION COMPLETED ITEMS BELOW TO BE FILLED BY ADPL/CAN 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not requiredl William I. Gulliford, III Daniel Redgate 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS MAG II Grimes Farm, L.L.C., 1021 Oak Stree 501 Independence Parkway, Suite 300 Jacksonville, Florida 32205 Chesapeake, Virginia 23320 7.. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence a.Residence b. Business (904) 384-6260 1 b. Business (757) 548-7300 11. STATEMENT OF AUTHORIZATION I hereby authorize, Daniel Redgate to act in my behalf as my agent in the processing of this application and to tarnish, upon reques�lemental information in support of this permit application. DezeNIf4 Lt,- "1.,, 2----4— NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (aeeinsuuaions, Washington.Square Retail Development DATE 13. NAME OF WATERBODY, IF KNOWN afapp&,blel 14. PROJECT STREET ADDRESS afsp#icablel Cherry Run 15. LOCATION OF PROJECT Beaufort County North Carolina COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, rseeinstructiorul - Lon=35 33 03;Lat=77 03 47; SE quadrant of intersection US264 Bypass & Whispering Pines Rd 17, DIRECTIONS TO THE SITE From I95, take US264 east to Washington; turn left on US264 Bypass (W 15th St); cross Whispering Pines Road, site is on right. From the north, take US17 south to Washington; turn right on US264 Bypass (W 15th St), site is on the left. ENG FORM 4345,Jul7 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) 18. Nature of Activity {Description of project, i,cIude afi feetures) II Please see Section 1 of attached Environmental Support Document. 19. Project Purpose (Describe the reason or purpose of the project, see instructions( Please see Section 2 of attached Environmental Support Document. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Preparation of site for building pads and parking lots. 21. Type(s) of Material Being Discharged and the Amount of Each Tvoe in Cubic Yards 6,750 cubic yards (CY) of a mixture of clean fill and sand. 22. Surface Area in Acres of Wetlands or Other Waters Filled (seeinsrrucrionsf Please see Section 3 of attached Environmental Support Document. 23. Is Any Portion of the Work Already Complete? Yes Q No = IF YES. DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). IPlease see attached map and property owner list labeled Block 24. 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. .VA AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED auld include but is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application, certify that the information in this application is complete and accurate. I further certify that I possess the 1W t to undert the described herein or am acting as the duly authorized agent of the applicant. L----2 // 6 /07 SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE --.The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly a authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. M2 0 0 7 0 3 8 6 US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: 03/01/2007 Comment Deadline: 03/31/2007 Corps ORM ID #: SAW -2007-735-107 The Wilmington District, Corps of Engineers (Corps) has received an application from MAG II Grimes Farm, LLC seeking Department of the Army authorization to impact 0.22 acres of palustrine forested wetlands and 2,430 linear feet (0.62 acres) of other waters of the United States associated with construction of a retail center in Beaufort 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: Mr. William I. Gulliford, III MAG II Grimes Farm, LLC. 1021 Oak Street Jacksonville, Florida 32205 AGENT (if applicable): Mr. Daniel Redgate Kimley-Horn and Associates, Incorporated 501 Independence Parkway, Suite 300 Chesapeake, Virginia 23320 Authority MAR 7 2007" +kr OEWk- Wqr-,� nA►�odaA,00 sroar-r RR B%C;, The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Location Project property is a 33.22 acre tract containing jurisdictional waters and wetlands adjacent to Cherry Run and Jacks Creek, tributaries to the Tar River and Pamlico Sound. The property is located at the southeastern quadrant of the intersection of US 264 Bypass (West Fifteenth Street Extension) and Whispering Pines Road (NCSR 1404) in the City of Washington, Beaufort County, North Carolina (35.5638 -77.0680). Version 12/12/05 Existing Site Conditions The project property is an undeveloped tract located within the city limits of Washington, North Carolina. US 264 bypass, also called West 15th Street Extension, forms the northeastern boundary of the parcel, and Whispering Pines Road (NCSR 1404) forms the northwestern property boundary. The properties to the west and south contain residential housing developments and to the tracts to the east contain an elementary school and a retail shopping center. The property has been in agricultural production since before 1938 and agricultural activities have altered natural conditions on the site. Most of the water courses on the property have been channelized through the existing agricultural fields. There are four areas of wooded wetlands present on the property. Two of the wetland areas are located along the western property boundary, one in the southern portion of the tract and one near the center of the property. Applicant's Stated Purpose The stated purpose of the project is to develop a retail center consisting of approximately 150,000 square feet of retail space and parking for 800 vehicles. Project Description The applicant proposed to place fill in 2,430 linear feet of other waters of the United States and to fill 0.22 acres of palustrine forested wetlands in order to construct the proposed retail facility. The applicant proposes to make payment to the North Carolina Ecosystem Enhancement Program to compensate for impacts to 0.22 acres of wooded wetlands. 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 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, 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), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by 03/31/2007 Version 12/12/05 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 has determined pursuant to the Endangered Species Act of 1973, 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 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 Version 12/12/05 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, 03/31/2007. Comments should be submitted to Ms. Tracey L. Wheeler, US Army Corps of Engineers, Post Office Box 1000, Washington, North Carolina 27889. Version 12/12/05 �'�! MW -�k M -M v A, A__. `, '�/WARREN Project Site FIELD,,�\ Lat: 35.5622ON �p V/ Long: 77.0691OW "A km Ck' _n"; AN. CM11 Whispering Pines Road Site Washington, North Carolina KimisOom Beaufort County and Associates, Inc. I Data Sources: Washington, NC 7.51 USGS Quad Feet 0 1,000 2,000 Figure 1 I I I I _j Z\ I Scale: 1:24,000 N I Vicinity Map *nw..n .aco VW70M ELHOH iTunp0 S7[OiOYeH amz�?L�!n •ai.x.:.ya iocteis trsO:ma �«w.a »'»a•+e�uw jos �IO.LtJ%I1BSi/h1 .1IO tI.I.I.7 °Eld;daauoO ,{uedwoJ 3. ;slnbo uol aocc-ax fcsd ri ax.ms 'Jll 'll V E)VIN "�U `S2 Ia0 ❑_❑ .i waHm _ CHemHatiard luaurdolanaQl?v1a?I d a JU 2 e._3 : F1' i �'--'s k3 4 F0T �:Yx �' Ella 2 v4 .«po•e °4 a 8=`> e:a ayE ;ae;102 4fp 3 cc c. L R G 1 <�y a may eon . 'pi =F3 tlz4 ss 9i ;e; G++ Fa ° - V ,' sa' 33SF a _ ,a ■r_ Q O = d Z N -H i N x §a Ila ,^.;• =I.. :L=; > 0 All, dF5 2e3 F-tnCiCS c 1 7;1 1 �c 6F: "SR ER ROAD 1404) � WHISP ING PINES ----- ", e 90 I 111 aI V o 1 In a *woe �J 111'1"""" o9'2yy n•1944 5v A m - WH LUN zi U ` • a a Kn i . 2 h C W 2 Ill H