20120280 Ver 1_Public Notice_20120323

Dennison, Laurie
From Harrington Dorothy SAW [Dorothy Harrington @usace army mil]
Sent Friday March 23 2012 10 12 AM
To Matthews Monte K SAW
Cc James Lisa M SAW
Subject US Arrnv Carps nf Engineers Public Notice for BA Properties LLC Imarketplace at Tramway)
Action Id # 2011 01375
As you requested you are hereby notified that Wilmington District United States Army Corps of Engineers has issued a Public
Notice The text of this document can be found on the Public Notices portion of the Regulatory Division Home Page Each Public
Notice is available in ADOBE ACROBAT ( pdf) format for viewing printing or download at
http Hwww naw usace army mil /Wetlands/Notices /Current notices html As with all a mail attachments be sure to check for viruses
prior to opening the attachment The current notice involves
PUBLIC NOTICE
ACTION ID # 2011 01375
23 March 2012
The Wilmington District, Corps of Engineers (Corps) has received an application from Mr
Bobby Branch of BA Branch Properties, LLC, seeking Department of the Army authorization to
permanently impact 2 17 acres of a forested, headwater wetland This impact is associated
with the construction of the Marketplace at Tramway, a retail shopping /service center near
Tramway, southwest of Sanford, in Lee County, North Carolina
EXPIRATION DATE 23 April 2012
POC Monte Matthews
1

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date March 23 2012
Comment Deadline April 23 2012
Corps Action ID # SAW 2011 01375
The Wilmington District Corps of Engmeeis (Corps) has received an application fiom
Mi Bobby Branch of BA Branch Pioperties LLC seeking Department of the Army
authorization to permanently impact 2 17 acres of a foiested headwater wetland This
impact is associated with the construction of the Marketplace at Tramway a retail
shopping /service center near Tramway southwest of Sanford in Lee County North
Caiolma
Specific plans and location information aie described below and shown on the attached
plans This Public Notice and all attached plans aie also available on the Wilmington
District Web Site at
http / /www saw usace army mil/WetlandsNotices/Current—notices html
Applicant BA Branch Pioperties LLC
Mr Bobby Branch
402 Forestwood Park Road
Sanford NC 27330
Agent Burdette Land Consulting
Attn Jennifer Burdette
10212 Creedmoor Road
Raleigh NC 27615
Authority
The Corps will evaluate this application and a decide whether to issue conditionally
issue of deny the proposed work pursuant to applicable pioceduies Section 404 of the
Clean Watei Act
Location
The Marketplace at Tramway is proposed on a 45 acre pact located in the southeast
quadrant of the mteisection of Jefferson Davis Highway (US 1 15 501) and Tramway
Road (NC Highway 78) in Tramway southwest of Sanford Lee County North Carolina

The project site contains one forested headwater wetland approximately 2 23 acres in
size which drams to an unnamed tributary of the Upper Little Rivet in the Cape Fear
Rivet Basin (8 Digit Cataloging Unit 03030004) Latitude and Longitude to Decidegrees
of the site is 35 4368 N and 79 2158 W
Existing Site Conditions
In July 2011 the applicant began removing the existing structures and young pines on
this site This work resulted in the placement of fill within a portion of the wetland
representing a violation of Section 404 of the Clean Water Act Since that time the
applicant has voluntarily removed the fill, restored the original wetland grade and
replanted the wetland vegetation Therefore the violation is considered satisfied and no
additional enforcement action is anticipated
The site itself is a hilltop feature with the uplands currently graded No additional
jurisdictional features exist on the site other than the 2 23 acre forested wetland This
wetland is considered a headwater wetland eventually draining off site to an unnamed
tributary of Upper Little Rivet The Upper Little Rivet is within the Cape Fear River
Basin (8 Digit Cataloging Unit 03030004) A Corps jurisdictional deteimmation has
been completed for this site
Applicant's Stated Purpose
The project purpose is to construct a retail shopping/service center in the geographical
at ea of Tramway Lee County North Carolina
Project Description
The activity involves the construction of a i etarl shopping/service center to serve the
needs of Sanford and Lee County This includes all roadways utilities parking
stormwater management infrastructure features, and building lots In addition the
applicants preferred alternative consists of nine out parcels a building center and
additional commercial space This alternative would result in 2 17 acre of wetland
impact
To mitigate for the anticipated impacts the applicant has proposed a payment into the
North Carolina Ecosystem Enhancement Program (NCEEP)
Other Required Authoi izations
This notice and all applicable application materials are being fotwaided to the apptoprtate
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
OA

certification required by Section 401 of the Clean Watei Act (PL 92 500) The receipt of
the application and this public notice combined with appropriate application fee at the
North Carolina Division of Watei 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 iegaidmg the Clean Watei Act certification may be reviewed at the NCDWQ
Central Office 401 Ovei sight and Express Permits Unit 91h Floor 512 North Salrsbuiy
Street Raleigh North Carolina 27604 All persons desiring to make comments regarding
the application for certification under Section 401 of the Clean Water Act should do so in
wilting delivered to the North Carolina Division of Water Quality ( NCDWQ), 1650 Mail
Service Center Raleigh North Carolina 27699 1650 Attention Ms Kaien Higgins by
April 1P 2012
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson Stevens Fishery Conseivation and Management Act The Corps initial
deteimination is that the proposed piolect 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 Piesently, 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
I he Corps has reviewed the project area examined all information provided by the
applicant and consulted the latest North Carolina Natuial 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 of 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 fiom 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 Oidei 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 Govemoi Indian Tribes and other interested parties in oidei to consider and evaluate
the impacts of this proposed activity Any comments received will be considered by the
Corps of Engineers to deteimme whether to issue modify condition or deny a peimrt 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 wirtmg 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 partrculanty the reasons for holding a public hearmg 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 Drshrct until 5pm April 23 2012 Comments
should be submitted to Monte Matthews Raleigh Regulatory Field Office 3331 Heritage
Tiade Dr Suite 105 Wake Forest, NC 27587
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7 = 2000 USGS LOCATION MAP
2000 0 2000 MARKETPLACE AT TRAMWAY
SANFORD, LEE COUNTY, NC
N DATE 01 11 12 USGS 7 5 TOPO QUAD
IN E 1 BURDETTE LAND CONSULTING, INC DRAWN BY TMB SANFORD 2010
10212 Creedmoor Road Raleigh North Carolina 27615 CHK D BY JAB
s Telephone [phone]— Fax [phone] PROJECT # 11404 FIGURE # 1

GRAPHIC SCALE
1 = 2000 LEE COUNTY SOIL SURVEY MAP
2000 0 2000 MARKETPLACE AT TRAMWAY
SANFORD, LEE COUNTY, NC
N DATE 01 11 12 SHEET(S) 5
W+ E BURDETTE LAND CONSULTING9 INC DRAWN BY TMB CHKD BY JAB
10212 Creedmoor Road Raleigh North Carolina 27615
Telephone [phone] — Fax [phone] PROJECT # 11404 FIGURE # 3
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600 o Soo MARKETPLACE Al TRAMWAY
SANFOR.D, LEE COUNTY, NC
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N DATE 03 07 12 DATA
W. E i BURDETTE LAND CONSULTING, INC DRAWN BY T IB LEE COUNTY GIS
10212 Creedmoor Road Raleigh North Carolina 27615 CHK D BY JAB
Telephone [phone] — Fax [phone] FIGURE # 4 (o
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143 Charlotte Avenue Suite 104
Sanford North Carolina 27330
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