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HomeMy WebLinkAbout20201374 Ver 1_Public Notice_20210514Version 6.15.2017 Page 1 US Army Corps Of Engineers Wilmington District PUBLIC NOTICE Issue Date: May 14, 2021 Comment Deadline: June 14, 2021 Corps Action ID Number: SAW-2019-00908 The Wilmington District, Corps of Engineers (Corps) received an application from Southern Environmental Group Inc. (SEGI) on behalf of Jason Wade seeking Department of the Army authorization to fill 0.36 of an acre of wetlands, associated with the construction of two duplexes in 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: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/ Applicant: Jason Wade 206B Greenville Ave Carolina Beach, NC 28428 AGENT (if applicable): SEGI Dana Lutheran 5315 South College Road, Suite E Wilmington, NC 28412 Authority The Corps evaluates this application and decides whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of the following Statutory Authorities: Section 404 of the Clean Water Act (33 U.S.C. 1344) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) Location Location Description: Version 6.15.2017 Page 2 Project Area (acres): 0.37 Nearest Town: Carolina Beach Nearest Waterway: Carolina Beach Lake River Basin: Cape Fear Latitude and Longitude: 34.02759N, -77.89669W Existing Site Conditions The project area (2 lots) are located at 704/706 2nd Street and includes a portion of an undeveloped right of way which extends south off Lake Driver. Each lot measures 125’ X 50’ and both lots are comprised completely of wetlands. The wetlands would be considered freshwater marsh with the dominant species being Phragmites Australis. The wetland complex (approximately 5.5 acres) is intact and is not separated by existing roads or development. The undeveloped area is platted and consists of approximately 22 lots, which appear to be platted prior to 1973. Applicant’s Stated Purpose The applicant’s stated purpose is to construct two (2) residential duplexes, with access road, driveways, and maintenance corridors to meet local market demand. Project Description The project involves filling a portion of the dedicated Town Right of Way off Lake Drive to make access to two lots and then fill both lots to construct two duplexes measuring 3,290 square feet each. The lot fill totals 12,500 square feet of wetland impact with the remainder of wetland impact coming from the Right of Way work to access the lots, a total reported by the applicant of 0.36 of an acre of wetland fill. The lots and Right of Way will be mechanized land cleared, undercut, and clean fill will be placed back onto the access route as well as construction fill pads. Avoidance and Minimization The applicant provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The applicant considered alternate access designs, the use of retaining walls, and the exploration of a variance from the Town. The alternate access configuration that did not involve the complete fill of the Town Right of Way was chosen by the applicant as the only reasonable avoidance and minimization effort. Compensatory Mitigation The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant has proposed to purchase nearby available wetland lots and preserve said lots with the intent to preserve them in perpetuity via a recorded conservation declaration. In addition to protecting the wetlands on these lot, a purchase of non-riparian wetland credits from the Lower Cape Fear Version 6.15.2017 Page 3 Umbrella Mitigation Bank would be made at an impact ratio of 1:1. The applicant has stated that if the property purchase and preservation does not occur he offers to satisfy all mitigation requirements by purchasing wetland credits at a 4:1 impact ratio from the Lower Cape Fear Umbrella Mitigation Bank. Essential Fish Habitat The Corps’ determination is that the proposed project would not effect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Implementation of the proposed project would impact (CHOOSE ALL THAT APPLY- marine substrate, estuarine substrate, water columns, emergent wetlands, submerged aquatic vegetation, artificial reefs, hardbottoms) (see project description) utilized by various life stages of the following species: (CHOOSE ALL THAT APPLY – coastal migratory pelagics, corals, golden crab, shrimp, snapper grouper, spiny lobster, Atlantic highly migratory species). Our initial determination is that the proposed action would not have a substantial individual or cumulative adverse impact on EFH or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS. The Corps will consult under the Magnuson-Stevens Act and will not make a permit decision until the consultation process is complete. The Corps has initiated consultation the Magnuson-Stevens Act and will not make a permit decision until the consultation process is complete. Cultural Resources Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that: Should historic properties, or properties eligible for inclusion in the National Register, be present within the Corps’ permit area; the proposed activity requiring the DA permit (the undertaking) is a type of activity that will have no potential to cause an effect to an historic properties. No historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps’ permit area; therefore, there will be no Version 6.15.2017 Page 4 historic properties affected. The Corps subsequently requests concurrence from the SHPO (or THPO). Properties ineligible for inclusion in the National Register are present within the Corps’ permit area; there will be no historic properties affected by the proposed work. The Corps subsequently requests concurrence from the SHPO (or THPO). Historic properties, or properties eligible for inclusion in the National Register, are present within the Corps’ permit area; however, the undertaking will have no adverse effect on these historic properties. The Corps subsequently requests concurrence from the SHPO (or THPO). Historic properties, or properties eligible for inclusion in the National Register, are present within the Corps’ permit area; moreover, the undertaking may have an adverse effect on these historic properties. The Corps subsequently initiates consultation with the SHPO (or THPO). The proposed work takes place in an area known to have the potential for the presence of prehistoric and historic cultural resources; however, the area has not been formally surveyed for the presence of cultural resources. No sites eligible for inclusion in the National Register of Historic Places are known to be present in the vicinity of the proposed work. Additional work may be necessary to identify and assess any historic or prehistoric resources that may be present. The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-indentified permit area. Endangered Species Pursuant to the Endangered Species Act of 1973, the Corps 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 determines that the proposed project would not affect federally listed endangered or threatened species or their formally designated critical habitat. ** There are no trees on the subject property, the lot is comprised of phrag. The Corps determines that the proposed project may affect federally listed endangered or threatened species or their formally designated critical habitat. By copy of this public notice, the Corps initiates consultation under Section 7 of the ESA and will not make a permit decision until the consultation process is complete. Version 6.15.2017 Page 5 The Corps will consult under Section 7 of the ESA and will not make a permit decision until the consultation process is complete. The Corps has initiated consultation under Section 7 of the ESA and will not make a permit decision until the consultation process is complete. The Corps determines that the proposed project may affect federally listed endangered or threatened species or their formally designated critical habitat. Consultation has been completed for this type of activity and the effects of the proposed activity have been evaluated and/or authorized by the National Marine Fisheries Service (NMFS) in the South Atlantic Regional Biological Opinion or its associated documents, including 7(a)(2) & 7(d) analyses and Critical Habitat assessments. A copy of this public notice will be sent to the NMFS. 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. The Corps will make a final determination on the effects of the proposed project 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. Other Required Authorizations The Corps forwards this notice and all applicable application materials to the appropriate State agencies for review. North Carolina Division of Water Resources (NCDWR): The Corps will generally not make a final permit decision until the NCDWR issues, denies, or waives the state Certification as 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 NCDWR Central Office in Raleigh constitutes initial receipt of an application for a 401 Certification. Unless NCDWR is granted a time review extension, a waiver will be deemed to occur if the NCDWR fails to act on this request for certification within sixty days of receipt of a complete application. Additional information regarding the 401 Certification may be reviewed at the NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the application for a 401 Certification should do so, in writing, by June 7, 2021 to: NCDWR Central Office Attention: Mr. Paul Wojoski, 401 and Buffer Permitting Unit (USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617 Or, Version 6.15.2017 Page 6 (physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604 North Carolina Division of Coastal Management (NCDCM): The application did not include a certification that the proposed work complies with and would 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 Department of Army (DA) permit for the proposed work until the applicant submits such a certification to the Corps and the NCDCM, and the NCDCM notifies the Corps that it concurs with the applicant’s consistency certification. As the application did not include the consistency certification, the Corps will request, upon receipt, concurrence, or objection from the NCDCM. Based upon all available information, the Corps determines that this application for a Department of Army (DA) permit does not involve an activity which would affect the coastal zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.C. § 1453). 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 consolidated 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 Version 6.15.2017 Page 7 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 will 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. The Corps of Engineers, Wilmington District will receive written comments pertinent to the proposed work, as outlined above, until 5pm, June 13, 2021. Comments should be submitted to Brad Shaver, Wilmington Regulatory Field Office, 69 Darlington Avenue, Wilmington, North Carolina 28403 , at (910) 251-4611 or email at brad.e.shaver@usace.army.mil.