20040047 Ver 4_Public Notice_20121120

Dennison, Laurie f�)A — I V ii
From: Spencer, Thekla M SAW [ Thekla M Spencer @usace army.mil]
Sent: Tuesday, November 20, 2012 2 42 PM
Subject: US Army Corps of Engineers Public Notice- SAW- 2009 - 01847 - Village @Motts Landing
(UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
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WITH THIS NOTICE.
File name: Village at Motts Landing
Regulatory Action Type: Modification
Project purpose: Impact additional acreage
Opportunity to Comment ?: Yes
County / Location: New Hanover Co. /Along River Rd. & Sanders Rd.
Date Posted- 11 -20 -2012
Expiration Date: 12 -20 -2012
Classification: UNCLASSIFIED
Caveats: NONE
1

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US Army Corps
Of Engineers
Wilmington District
r\� %-\ - -0 o X4-1 v 1{
PUBLIC NOTICE
Issue Date: November 20, 2012
Comment Deadline: December 20, 2012
Corps Action ID #: SAW- 2009 -01847
The Wilmington District, Corps of Engineers (Corps) has received an application from Dr.
Arnold Sobol of AFTEW Properties, LLC seeking modification to the Department of the
Army authorization issued June 11, 2012 for the discharge of fill material into 1.11 acres of
wetlands adjacent to Mott's Creek, associated with the completion of the Village at Mott's
Landing residential development. The applicant is proposing to impact an additional 0.12
acre for the construction of three (3) single family dwellings and one (1) multi - family unit.
The 262 acre project area is located along River Road and Sanders Road, New Hanover
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: AFTEW Properties, LLC
Attn: Dr. Arnold Sobol
2020 South Churchill Drive
Wilmington, North Carolina 28403
Agent (if applicable):
Authority
Southern Environmental Group, Inc.
Attn: David Syster
5315 South College Road, Suite E
Wilmington, NC 28412
The Corps will evaluate this application and 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 262 acre project area is located along River Road and the north side of Sanders Road,
Wilmington, North Carolina. The site contains approximately 64 acres of jurisdictional wetlands

and 2,025 linear feet of stream adjacent to Motts's Creek, a tributary to the Cape Fear River, a
Navigable Water of the United States. Site coordinates are 34.1276 °N, - 77.9136 °W.
Existing Site Conditions
The proposed project area is the existing Village at Motts Landing residential subdivision. This
project was initially permitted February 15, 2005 under Individual Permit SAW - 2001 -01165 that
authorized permanent impacts to 1.52 acres of non - riparian wetlands and temporary impacts to
0.034 acre of non - riparian wetlands. Upon expiration of the permit on December 31, 2008, only
0.16 acre of impacts had been completed; this discharge of fill was associated with the
construction of roads and infrastructure for Phase IA of the development. On June 11, 2012, an
Individual Permit was issued for an additional L I I acres of wetland impacts associated with
Phases IB and II of the development, bringing cumulative impacts to 1.27 acres.
Phase IB of the property is currently under construction. The majority of this section has been
prepped for development and several single family homes are currently under construction.
Phase 3 of the property has remained relatively undisturbed. This area is primarily forested with
several finger drains (jurisdictional wetlands) connecting to Mott's Creek. The majority of the
soils underlying this area are Kureb, Leon and Lynn Haven with smaller areas of Dorovan,
Pamlico and Torhunta. According to the United States Department of Agriculture Soil Survey of
New Hanover County (April 1977) and Soil Conservation Service Technical Guide, Section I1-
A-2 for New Hanover County (June 1991), Leon sand, Lynn Haven fine sand, Torhunta mucky
fine sandy loam, Dorovon and Pamilco muck are all very poorly drained soils that have been
classified as hydric soils for New Hanover County. These wetlands support woody vegetation
which mainly consists of pond pine (Pinus serotina), sweetbay magnolia (magnolia virginiana),
and red maple (Acer rubrum), and an understory of fetterbush (Lyonia lucida), gallberry (Ilex
coriscea) and swamp cyrilla ( Cyrilla racemiflora). Upland soils consist mainly of Kureb sand
(excessively- drained, non - hydric). Vegetation includes a canopy of turkey oak (Quercus laevis)
and loblolly pine (Pinus taeda) along with southern blueberry (Vaccinium tenellum) and
wiregrass (Aristida stricta).
Applicant's Stated Purpose
The primary purpose of the modification is to allow for the redesign of Motts Forest Drive and
the construction of three (3) single family dwellings and one (1) multi- family unit within the
Village of Motts Landing residential subdivision. These impacts are necessary to address the
concerns of the New Hanover County Planning Department and provide adequate building area
for the 4 subject structures.
Project Description
The applicant has proposed to discharge fill material into an additional 0.12 acre of wetlands
with the development of lots 90, 90A and 91 (Impact Areas 1 & 2, attached) and one of the
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duplex structures (Impact Area 5, attached). Project plans and narrative have been included with
this Public Notice. The applicant submitted an Alternatives Analysis that includes a No Action
and Alternate Site alternative. This information has been included with this Public Notice as
well.
Avoidance and Minimization
Due to the County's request to realign Motts Forest drive, the Applicant reconfigured the site
plan to best fit the new road alignment and replace townhouses with duplexes. Originally, the
Applicant intended to construct 241 townhouse units and 24 duplex units, however, as a result of
the realignment, the Applicant reduced the total number of units by 42. Part of this reduction was
necessary to avoid impacting 0.17 acre of wetlands (noted as Impact Areas 3 & 4, attached).
In addition, the applicant proposed additional impacts at a Pre - Application meeting with the
Corps on August 10, 2012 shortly after the Individual Permit was issued. This included 3 new
wetland crossings within riparian wetlands adjacent to Motts Creek located beyond the terminus
of Mount Carmel Parke (noted as Impact Areas 6, 7 & 8 attached). These impacts (acreage
undetermined) have been avoided in the most recent modification request.
With regard to the proposal to construct (3) single family dwellings and one (1) multi - family unit
within the Village of Motts Landing residential subdivision, the Corps will evaluate all
alternatives, which may result in further avoidance and minimization of wetland impacts,
including any upland alternatives.
Compensatory Mitigation
To offset wetland impacts associated with the additional impacts, the Applicant proposed to .
purchase wetland mitigation credits at a 2:1 ratio for a total of 0.24 acre of non - riparian wetland
restoration credit in the Cape Fear River watershed (03030005).
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 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 Unit, 2321
Crabtree Boulevard, Raleigh, North Carolina 27604 -2260. All persons desiring to make
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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: Mr. Ian McMillan by
December 20, 2012.
Coastal Area Management Act
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
cannot 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 not have an effect on any federally listed species or their formally designated critical
habitat. According to comments made by the Natural Heritage Program in letters dated
12/12/2011 and 1/25/2012, the proposed project may have an effect on the following State listed
species found in the area: Carolina Gopher Frog, Southern Hognose Snake, Glossy Crayfish
Snake and Venus flytrap. 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
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assessment and /or consultation with the U.S. Fish and Wildlife Service and /or National Marine
Fisheries Service.
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 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).
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, December 20, 2012. Comments should be
submitted to Emily B. Hughes, 69 Darlington Avenue, Wilmington, North Carolina, 28403-
1398, telephone [phone].
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IMPACT AREA
(SF /AC)
PERMITTED
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5
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TOTAL
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