19930786 Ver 2_Public Notice_20070323

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: March 23, 2007
Comment Deadline: Apri123, 2007
Corps Action ID #: 200200768
The Wilmington District, Corps of Engineers (Corps) has received an application from
The Reserve Development Company, LLC seeking Department of the Army
authorization to impact 1.99 acres of wetlands associated with the construction of the
proposed planned-unit development known as The Reserve at St. James Plantation
located at the intersection of Highway 211 and Midway Road in St. James, Brunswick
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. John Atkinson, Jr.
The Reserve Development Company, LLC
Post Office Box 10879
Southport, North Carolina
AGENT (if applicable):
Ms. Kim Williams
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina
Authority
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The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act (33 USC 1344) and Section 10 of the Rivers and Harbors Act of 1899
(33 USC 403).
Location
The proposed project known as The Reserve at St. James Plantation is located southwest
of the intersection of Highway 211 and Midway Road in St. James, Brunswick County,
North Carolina (768452E, 3761080N). The project site contains streams and wetlands
which drain to unnamed tributaries to Polly Gully Creek and Beaverdam Creek in the
Lockwood Folly River Basin which drains to the Atlantic Ocean.

Existing Site Conditions
The project site is 2372 acres in size. It is bordered by previous phases of St. James
Plantation to the east and southeast, Highway 211 to the north, and a proposed
Department of Transportation (DOT) road connecting Highway 211 to the west end of
Oak Island.
The site contains 1290 acres of jurisdictional streams and wetlands. A U.S. Army Corps
of Engineers (Corps) jurisdictional determination has been completed for the impact area
which verifies these aquatic features. The wetlands are described as Carolina Bays.
There is also one unnamed tributary to Polly Gully Creek and two unnamed tributaries to
Beaverdam Creek on the project area. All of the tributaries are listed as SC (all tidal salt
waters protected for secondary recreation), Swamp Waters and High Quality Waters by
the N.C. Division of Water Quality.
Uplands in the project area support loblolly pine (Pinus taeda), live oak (Quercus
virginiana), longleaf pine (Pinus palustris), wax myrtle (Myrica cerifera) and turkey oak
(Quercus laevis). Wetlands on the project area are dominated by pond pine (Pinus
serotina), loblolly bay (Gordonia lasianthus), black gum (Nyssa sylvatica), red bay
(Persea borbonia) and titi (Cyrilla racemiflora).
Applicant's Stated Purpose
The purpose of the project, as stated by the applicant, is to develop the final phase of St.
James Plantation and provide access to uplands within the site.
Project Description
The activity involves the construction of a residential subdivision and retail space. This
includes all roadways, utility lines, stormwater features and amenities. The applicant
proposes to construct 1213 single-family residential lots, 1912 multi-family buildings,
842 assisted-living units and commercial/retail space with attendant features.
The applicant proposes 1.99 acres of wetland impacts for approximately 28 wetland
crossings. To mitigate for impacts to jurisdictional features, the applicant is proposing to
create two acres ofnon-riparian wetlands adjacent to the proposed DOT roadway and
place remaining wetlands onsite not already preserved through a conservation easement.
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
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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 27699-1650 Attention: Ms Cyndi Karoly
by April 16, 2007.
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 (ESA), that the proposed project may affect federally listed endangered or
threatened species or their formally designated critical habitat. Consultation under
Section 7 of the ESA will be initiated and no permit will be issued until the consultation
process is complete.

The project area is located within a Natural Heritage Priority Site, the Boiling Spring
Lakes Wetlands Complex, due to the number of rare species, community types and
Carolina Bays in the area. Two Federally listed Endangered species were noted in or
adjacent to the project area; rough-leaf loosestrife (Lysimachia asperulifolia) and red-
cockaded woodpecker (Picoides borealis).
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, March 23, 2007. Comments
should be submitted to Kim Garvey, P.O. Box 1890, Wilmington, N.C. 28402-1890 or by
calling [phone].
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