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HomeMy WebLinkAbout20110213 Ver 1_Public Notice_20110304Issue Date: March 3, 2011 Comment Deadline: April 1, 2011 Corps Action ID #: 2011-00377 The Wilmington District, Corps of Engineers (Corps) has received a prospectus proposing to establish a stream and wetland mitigation bank, known as Northeast Cape Fear Mitigation Bank, within a 1,284-acre tract (Holly Shelter Bay) owned by EFS Properties, LLC and being developed by Wetlands Resource Center c/o: Cal Miller. The tract is located within the headwaters of an unnamed tributary to the Northeast Cape Fear River, east of Rocky Point, Pender County, North Carolina. Specific plans and location information are described below and shown on the attached plans. This Public Notice is also available on the Wilmington District Web Site at www.saw.usace.army.mil/WETLANDS/; and the prospectus can be accessed at http://www.saw.usace.army.mil/WETLANDS/MitigationBanks/Pending/ Sponsor: Wetlands Resource Center c/o: Mr. Cal Miller 3907 Bowen Road Canal Winchester, OH 43110 Agent: Land Management Group, Inc. c/o: Mr. Christian Preziosi Post Office Box 2522 Wilmington, North Carolina 28402 Authority ... `? 2411 The Corps will evaluate this prospectus and the establishment of the mitigation bank in accordance with the procedures outlined in 33 CFR Part 332. Additionally, this proposal will also be reviewed pursuant to the permitting authority under Section 404 of the Clean Water Act if construction work involves the discharge of fill material in waters and/or wetlands of the United States. Location The current proposed bank is positioned in the headwaters of an unnamed tributary to the Northeast Cape Fear River. It is located at 34.46911 latitude/ -77.81278 Longitude, in the northeast corner of Shaw Hwy Road and NC 210 intersection, east of Rocky Point, Pender County, North Carolina. Along its eastern boundary, Holly Shelter Bay tract shares a property line with the Holly Shelter Game Lands which is managed by the North Carolina Wildlife Resource Commission. The site is situated within the Northeast Cape Fear 8-digit Hydrologic Unit Code (HUC) 03030007, in the Cape Fear River Basin. Existing Site Conditions The proposed 1,284-acre Northeast Cape Fear Bank project site is less than 0.5 mile from the Northeast Cape Fear River and is located in a rural community with low-density housing and timberlands. The property has been historically ditched and is maintained as part of a prescribed silviculture management plan that was initiated during the 1970s. In the development of the tract, an extensive logging road network was constructed in order to facilitate the timber management. Recent logging operations have occurred within some portions of the tract. The site is situated in an interstream divide that exhibits nearly level to gently sloping topography and consists of a mixture of former pocosin and wet pine flatwood communities. The majority of the hydrology flows southwest via ditch network to a channelized unnamed tributary. This tributary crosses under Shaw Highway and empties into the Northeast Cape Fear River. Due to the extensive silviculture management practices, the plant communities within the boundaries of the proposed bank are predominantly loblolly pine (Pinus taeda), red maple (Acer rubrum), and sweet gum (Liquidambar styrac flua). Areas that are undrained exhibit a greater density of pocosin vegetation, such as red bay (Persea borbonia), sweet bay (Magnolia virginiana), loblolly bay (Gordonia lasianthus), fetterbush (Lyonia lucida), bitter gallberry (Ilex glabra), titi (Cyrilla racem flora), netted chain fern (Woodwardia areolata), and cinnamon fern (Osmunda cinnamomea). Based on the Web Soil Survey for Pender County, the hydric soil types located within the project boundaries are the following: Leon fine sand, 0 to 2 percent slopes; Murville muck; and Woodington fine sandy loam. Other soil types, which are non-hydric or partially hydric, within the project site include Baymeade, Foreston loamy fine sand, and Pactolus fine sand, which has 0 to 2 percent slopes. Project Purpose Basic: The basic purpose of the proposal is to establish a stream and wetland mitigation bank within a 1,284-acre tract in order to provide compensatory mitigation for stream, riparian wetland, and non-riparian wetland impacts associated with Department of the Army authorizations pursuant to Section 404 of the Clean Water Act. 2 Overall: The Sponsor proposes to conduct the following within the bank: 1) Restore -1,000 linear feet of zero-order stream and --850 acres of non-riparian wetlands; 2) Enhance -63 acres of non-riparian wetlands; and 3) Preserve -157 acres of non-riparian wetlands and 5 acres of riparian wetlands. The work is intended to generate approximately 1,000 linear feet of stream credits and approximately 904.5 credits of wetlands to be used for compensatory mitigation. The primary wetland types targeted for restoration are non-riparian pocosin, pine flat, and pine savanna communities. The implementation of the plan is expected to improve water quality functions, promote nutrient removal/transportation, increase water storage capacity, sediment/pollutant reduction, and to restore and preserve wildlife habitat by providing for connectivity to the existing habitat in Holly Shelter Game Lands. Project Description As previously stated, the bank site is an extensively ditched headwater, interstream divide wetland complex that mainly flows via a channelized unnamed tributary to the Northeast Cape Fear River. Restoration, enhancement, and preservation activities for zero-order stream, riparian wetlands, and non-riparian wetlands are proposed on the tract. Preliminary plans show the back filling of the current channelized stream feature in order to facilitate the natural valley length zero order stream. No bed and bank pattern, dimension, and profile are planned at this time. Further design of the stream component will be developed based on continuing receipt of information. For wetland restoration, portions of the roadbed will be removed to proper elevations and ditches backfilled with appropriate earthen fill material to achieve historic water table levels. Listed vegetation, such as pond pine (Pinus serotina), black gum (Nyssa sylvatica), bald cypress (Taxodium distichum), and Atlantic White Cedar (Chamaecyparis thyoides) will be planted within the broad interstream flats that contain heavier organic material, while pond pine, loblolly bay (Gordonia lasianthus), and red bay (Persea borbonia) will be targeted for the wet pine flat community having higher mineral and less organic soil contents. For the remaining areas that are generally more wet pine savannah in nature, long leaf pine (Pinus palustris), and characteristic understory bay trees will be planted. Target trees to be planted in the zero order stream include red bay, American holly (Ilex opaca), and bald cypress. The proposed Geographical Service Area (GSA) is within the Cape Fear River Basin and includes the entire 03030007 HUC (Northeast Cape Fear) which extends from northern Duplin County to northern New Hanover County. The sponsor, who has an option to purchase, plans to transfer a perpetual conservation easement for long-term protection and management to a potential holder. The list of potential easement holders includes North Carolina Coastal Land Trust, Cape Fear River Watch, Audubon Environmental Land Trust, or the North Carolina State Agriculture Foundation. In addition, it should be noted that the sponsor is also assessing the mitigation potential of other properties within the Northeast Cape Fear cataloging unit; and if deemed feasible, plans are to combine the properties with the Holly Shelter Bay site to establish one umbrella bank. Evaluation and Commenting Information The Corps is soliciting comments from the public; Federal, State and local agencies and officials, including any consolidated State Viewpoint or written position of the Governor; Indian Tribes and other interested parties in order to consider and evaluate the establishment of Northeast Cape Fear Mitigation Bank. Any comments received will be considered by the Corps of Engineers in evaluating the approval of this bank. To make this decision, 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. The Corps has reviewed the proposal and has examined all information provided by the sponsors. Our preliminary review indicate the following: 1) An Environmental Impact Statement will not be required; 2) No listed species of fish, wildlife, and/or plant species (or Critical Habitat) under the Endangered Species Act of 1973 is expected to be impacted by the construction of the bank; and 3) There are no presence of cultural or historic resources within the proposed project site. A "no effect" determination for threatened and endangered species and for cultural and/or historic resources has been made at this time. Any additional or new information may change any of these preliminary findings. Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until 5pm, April 1, 2011. Comments should be submitted to Mr. Mickey Sugg, 69 Darlington Avenue, Wilmington, North Carolina 28403, or via internet at mickey.t.sugg «saw02.usace.army.mil . If you have any questions or in need of a copy of the bank prospectus, please contact Mr. Sugg at (910) 251-4811. 4 'Aoundaries are appr,ondrnate an ara @"3t meant M. be absoiule. SITE Map Source: North Carolina Atlas & Gazetteer. Pg 84.2003 SCALE 1" = 1 Milt Northeast Cape Fear Umbrella Mitigation Bank w wtiv.t MGroup.net PenHollyder Shelter County, Site NC LMG Phone: 91 O.452.0001 •1.866.LMG.1078 Figure 1 February 2011 Fax. 910.452.0060 Vicinity Map 40-09-190 - P.O. Box 2522, Wilmington, INC 28402 Ot CO ?7. - --?' NG-1o2 ?G Neuse Neuse " HUC - 03020203' tic 2U HUC - 03020201 g NC-118 . p? y 24 US-13 z i N 55 R aG? Neuse r 5? HUC - 03020202 ? , s? a?3 C ?G. U O's t z ai - - Neuse Cape Fear HUC - 03020204 z w? FH?C - 03030007 U) s zU, ry .I v - 00 White Oak NC- rt r NC- 4 N? il v ill HUC - 03020106 , Kenansv e ' Cape Fear ?G C eulavUle a ysvilt HUC - 0303000 .. . Richlands `2? &>>r White Oak HUC - 03030001 Q7 acksonvillo N C (lace C am fc a urgaw G,5 SITE 2 Sneads ? NG- erry Ridg NC-27 . Rocky '70 oint h Ha ead ?G Bolton 14 US-7 US-7 ^1 US p7 Cape Fear w s- / Legend HUC - 03030005 ?; - Bank Boundary Wi in y? ® Proposed GSA (HUC - 03030007) Municipality Major Roads N Northeast Cape Fear Umbrella Mitigation Bank Holly Shelter Site Pender County, NC 10 5 0 10 Miles Figure 6. Geographic Service Area (GSA) k :?41 f ? . -? rff . ? i f ??" ?I n1?rg .. ;. I Snp >r f t i w , Pad, : ( } ? TaWer dd10 - I O=J f 'T ? ti J C0.gt _.A {dEEK51 - _ • . 7 rL HL1OL --t ?_. _$tora ( r - _ ?.. J ov ier Q SITE G A N ? a J I 117 ar 141, 3y ' r c,. t 4 i k _ 4 Y Fiacicv ,• pwrn, a a - o l . e ?. x 4 '. MOORE -'CNN - t t I?'IOO `TC?u-o `. y O I .. " 1 % r r rv 0 '1 To :nda6es are approyirnate ant are not meant to be P So;;rte, Map Source: North Carolina Atlas & Gazetteer P 84 2003 SITE g SCALE V = 1 Mile Northeast Cape Holly Fear Umbrella Site Mitigation Bank tvww•LMGroup.net Pender nder Countty, NC L T 1??tv1G Phone: 910.452.0001 •1.866.LMG.1078 Figure 1 February 2011 - Fax: 910.452.0060 Vicinity Map 40-09-190 P.O. Box 2522, Wilmington; NC 28402 Neuse ? Neuse HUC - 03020203' rn HUC - 03020201 Nc-?18 70 ? US-13 i Z N 5 ^n- G. F Neuse HUC - 03020202 ti ass Z al ? Neuse --- Cape Fear _ ? HUC - 03020204 z f '' ' HUC - 03030007 - U ... N 00 White Oak NC- NC 4 '. z ' N ; C.? Kenansville HUC - 03020105 Nc l4 _ Na. '.. Cape Fear w NG C? a>` s eulavllle r aysvilf HUC - 03030006 o Richlands - ,3rn /VC'White Oak HUC - 03030001 r ? e d` c acksonvl llo N N Ilace ? NC J Camp 7 NG-:?3 , x r3 urgaw r, G-b SITE NG 2 sneads erry N ate' ??J 4 x .:. Rlag -? _`\l \_ tiC. ? NC2? 2 r7 ti? Rocky o int ' Ha ead?w ?Y Bolton 14 US-7 US 7 US,, w Cape Fear Legend H UC - 03030005 - Bank Boundary 1 wl [n$ j ®Proposed GSA (HUC - 03030007) Municipality ? Major Roads N Northeast Cape Fear Umbrella Mitigation Bank Holly Shelter Site Pender County, NC 10 5 0 10 Miles Figure 6. Geographic Service Area (GSA)