HomeMy WebLinkAbout20060197 Ver 2_Public Notice_20130808US Army Corps
Of Engineers
Wilmington District
06-c>101-1 YK
PUBLIC NOTICE
Issue Date: August 6, 2013
Comment Deadline: September 6, 2013
Corps Action ID Number: SAW- 2005 -01184
The Wilmington District, Corps of Engineers (Corps) received an application from Mr.
Robin Rose of Helmsdale Investors, LLC, seeking Department of the Army authorization
to discharge dredged or fill material into 0.181 acre of waters of the United States,
associated with the construction of a residential subdivision known as Helmsdale at
Landfall, in Wilmington, 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:
http: / /www.saw.usace.army.niiI /Missions /Re Jul, latoryPermitPro =ran_aspx
Applicant: Helmsdale Investors, LLC
c /o: Mr. Robin Rose
Preston Development Company
100 Weston Estates Way
Cary, North Carolina 27513 tA
Agent: Land Management Group, Inc.
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3805 Wrightsville Avenue; Suite 15 2013
Wilmington, North Carolina 28402
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
Directions to Site: From Wilmington, take Military Cutoff Road into the Landfall
Subdivision. Follow Arboretum Drive for approximately 0.7 miles into the Landfall
Subdivision. The site is located on the south side of Arboretum Drive.
Project Area (acres): 40.5 Nearest Town: Wilmington
Nearest Waterway: Howe Creek River Basin: Cape Fear 03030001
Latitude and Longitude: 34.250154 N, - 77.819498 W
Existing Site Conditions
The 40.5 -acre site is located in Wilmington, North Carolina south of Arboretum Drive in
New Hanover County. A Department of the Army (DA) permit for the proposed activity
was issued to the applicant on April 18, 2007, and authorization was extended by letter
dated December 14, 2010. The DA permit expired December 31, 2012. No authorized
work within waters of the U.S. is complete within the proposed project area.
The site is undeveloped and forested. Wetlands within the tract consist of fingers of an
unnamed tributary to Howe Creek. According to the New Hanover County Generalized
Soil Survey, soil types within the project area are classified as Johnston loam, Murville
fine sand, Craven fine sandy loam, Onslow loamy fine sand, Rains fine sand, Kenansville
fine sand, Seagate fine sand, and Torhunta loamy fine sand. Land use to the north and
east of the tract is residential and consists of the overall Landfall Subdivision. A forested
conservation area exists south of the site. An unnamed tributary to Howe Creek forms the
western property boundary.
Uplands within the site support longleaf pine (Pinus palustrus), red bay (Persea
palustrus), tulip poplar (Liriodendron tulipifera), blueberry (Vaccinium crassifolium),
and wiregrass (Aristida strica). Wetland vegetation within the property boundary consists
of red maple (Acer rubrum), ironwood (Carpinus carolinana), loblolly pine (Pinus taeda)
and wax myrtle (Myrica cerifera). The creek on the western project boundary contains
standing water and supports bald cypress (Taxodium distichum) and black gum (Nyssa
sylvatica) trees.
Applicant's Stated Purpose
The applicant's stated purpose is to construct road access to lots within uplands in order
to facilitate development of the Helmsdale at Landfall subdivision in New Hanover
County.
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Project Description
The applicant proposes to develop forty -eight lots and construct two roads within the
property consistent with the site plan originally approved with the previous DA
authorization. One existing road, Saddleworth Trail, parallels Arboretum Drive and
provides access to Lots #1 -15, was constructed without impacts to waters of the U.S. A
second road is proposed to extend south from Arboretum Drive to South Moorings Drive
and provide access to Lots #16 -48. This proposed roadway requires four wetland
crossings and one stream crossing. Two bridges are proposed to avoid wetland and
stream impacts entirely at former wetland impact sites 1 and 4. Utilities are proposed to
be extended into the site, within the 50' -wide road right -of -way. Additionally, two
driveway crossings are proposed within Lots #34 and #47.
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's preferred alternative
avoids impacts to streams and wetlands onsite by incorporating span bridges where
possible. Additional mitigation measures include reducing the road width on driveway
access to Lots 34 and 47.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The applicant purchased 0.25 acre riparian
wetland restoration equivalent credit from the NC Ecosystem Enhancement Program (NC
EEP) associated with the previous DA authorization dated April 18, 2007. Additionally,
the applicant proposes to preserve onsite approximately 8.25 acres of wetlands and 0.176
acre upland buffer through restrictive covenants. The applicant also proposes to preserve
two parcels totaling approximately 37 acres of coastal and freshwater wetlands adjacent
to Howe Creek and located approximately 0.5 mile north of the project site.
Essential Fish Habitat
Pursuant to the Magnuson - Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps' initial determination is that the proposed project may affect, but not likely to
adversely affect, EFH or associated fisheries managed by the South Atlantic or Mid
Atlantic Fishery Management Councils or the National Marine Fisheries Service.
3
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
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.
4
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.
❑ The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat. The
Corps initiates consultation under Section 7 of the ESA and will not make a
permit decision until the consultation process is complete.
❑ 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 Ouality (NCDWO): The Corps will generally not
make a final permit decision until the 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 appropriate application fee at the
North Carolina Division of Water Quality Central Office in Raleigh constitutes 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, Wetlands, Buffers, Stormwater Compliance and Permitting
Unit, 512 North Salisbury Street, 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, by September 6, 2013 to:
NCDWQ Central Office
Attention: Ms. Karen Higgins
(USPS mailing address): 1650 Mail Service Center, Raleigh, North Carolina
27699 -1650
Or,
(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
NCDM.
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
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
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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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, September 6, 2013. Comments should
be submitted to Ms. Liz Hair, Wilmington Regulatory Field Office, 69 Darlington
Avenue, Wilmington, North Carolina 28403 at (910) 251 -4049.
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Site Boundary
Map Source: USGS Topographic Quadrangle, Wrightsville Beach SCALE 111 = 1000'
Helmsdale at Landfall Land Management Group, Inc.
Environmental Consultants Figure 2. Topographic Map
New Hanover County, NC Wilmington, N.C.
May 2013
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PROPOSED WETLAND IMPACTS (0.181 acre)
PROPOSED UPLAND BUFFER (0.176 acre)
PROPOSED BRIDGE (No wetland /stream impacts)
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Helmsdale at Landfall
Figure 8. Site plan showing proposed
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Figure 10. Proposed Wetland Impacts #3 & #4
January 2006; revised May 2006 Withers & Ravenel
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