20090317 Ver 2_Public Notice_20100812

US Army Corps
Of Engineers
Wilmington District
0 a - o,3 i '1 u a.
PUBLIC NOTICE
Issue Date: August 11, 2010
Comment Deadline: September 10, 2010
Action ID: SAW 2009-00912
The Wilmington District, Corps of Engineers (Corps) has received an application from
Mr. Mike Worthington, Worthington Farms, Inc., seeking Department of the Army
authorization to fill 100 linear feet (0.035 acres) of perennial stream channel for the
construction of an earthen dam, excavate 3,670 linear feet of perennial stream channel
and adjacent uplands, and impact by flooding an additional 2,107 linear feet of waters of
the United States associated with the construction of a 23 acre irrigation lake, near
Ballards Crossroads, in Pitt 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: Worthington Farms, Inc.
Attention: Mr. Mike Worthington
3661 Ballards Crossroads Road
Greenville, North Carolina 27834
Agent: Mr. J. Steven Janowski, P.E.
708-D Cromwell Drive
Greenville, North Carolina 27858
Authority
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 U.S.C. 1344).
Location
The 35 acre project area is situated within the larger 886 acre Worthington Farms
property, located at 3661 Ballards Crossroads Road (NCSR 1138), southwest of
Greenville, within an un -named tributary of Middle Swamp Creek, in Pitt County, North
Carolina (35.53217 / -77.50088).
Version 12/12/05

Existing Site Conditions
Worthington Farms is currently used to grow ornamental trees and other nursery plants
that are rotated every five years to include at least one year of agricultural row crops such
as soybeans, corn, tobacco, etc. There are multiple un -named tributaries on the property
that feed into Middle Swamp Creek and the larger systems of Wheat Swamp Creek and
the Neuse River. The property currently has an irrigation lake that can potentially hold
up to 25 million gallons of water, and is approximately 17 acres in size at full capacity.
Applicant's Stated Purpose
To create a 23 acre lake to serve the irrigation needs of the existing plant nursery during
periods of drought and to reduce withdrawals from groundwater aquifers as mandated by
the State of North Carolina's Central Coastal Plain Capacity Use Area Rules.
Project Description
The applicant proposes to construct an earthen dam approximately 100 feet wide by 900
feet long by 20 feet high within a perennial un -named tributary of Middle Swamp Creek
to impound water for irrigation purposes. The dam will be located approximately 100
feet upstream of an existing farm road crossing. Impacts to aquatic resources associated
with the project include the placement of earthen fill material within approximately 100
linear feet (0.035 acres) of stream bed to construct the dam. Approximately 3,670. linear
feet of stream bed and adjacent uplands will be excavated to increase the water storage
capacity of the lake. An additional 2,107 linear feet of stream bed will be impacted by
inundation. Total impacts to waters of the United States equals 5,877 linear feet of
stream bed. The subject tributary has been historically channelized. There are no
wetland impacts associated with this project, and all excavated material will be placed
and retained within upland areas on the Worthington Farms property. The applicant is
proposing onsite mitigation and/or payment into the North Carolina Ecosystem
Enhancement In -lieu Fee Program to provide compensatory mitigation for the stream
impacts. Pursuant to North Carolina Division of Water Quality concerns, the applicant
proposes to re -vegetate the new Zone 1 buffer area around the lake where disturbed by
excavation. Creation of the lake should result in a gain of 719 linear feet (0.825 acres) of
buffer zone.
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
Version 12/12/05

Certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of
the application combined with the 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, 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, Suite 250, Raleigh, North Carolina 27604, Attention: Mr. Ian McMillan by
September 10, 2010.
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
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."
Version 12/12/05

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.
Written comments pertinent to the proposed work, as outlined above, will be received by
the Corps of Engineers, Wilmington District, until 5pm, September 10, 2010. Comments
should be submitted to Ms. Emily Jernigan, U.S. Army Corps of Engineers, Post Office
Box 1000, Washington, North Carolina, 27889 or telephone [phone].
Version 12/12/05

-
Rd
/
�
-.~

h
"
a
fill,
n
AWN
r
i u kv : e wC
e
k�
(f
k�
!
(j
Iu
m
m
a
N
..i
_y a'.

g 5 u-] auk

Dennison, Laurie
From: Barnett, Sharon L SAW [[e-mail]]
Sent: Thursday, August 12, 2010 8:46 AM
Subject: US Army Corps of Engineers Public Notice
Attachments: Public Notice SAW 2009-00912.pdf
The Wilmington District, Corps of Engineers (Corps) has received an application from Mr. Mike
Worthington, Worthington Farms, Inc., seeking Department of the Army authorization to fill
100 linear feet (0.035 acres) of perennial stream channel for the construction of an earthen
dam, excavate 3,670 linear feet of perennial stream channel and adjacent uplands, and impact
by flooding an additional 2,107 linear feet of waters of the United States associated with
the construction of a 23 acre irrigation lake, near Ballards Crossroads, in Pitt 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
Action ID: SAW 2009-00912
Post Date: August 11, 2010
Expiration Date: September 10, 2010
APPLICANT:
Worthington Farms, Inc.
Attention: Mr. Mike Worthington
3661 Ballards Crossroads Road
Greenville, North Carolina 27834
AGENT:
Mr. J. Steven Janowski, P.E.
708-D Cromwell Drive
Greenville, North Carolina 27858
1