HomeMy WebLinkAbout20140116 Ver 1_Public Notice_20140219I`,—o1\6
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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: February 19, 2014
Comment Deadline: March 21, 2014
Corps Action ID Number: SAW- 2013 -01412
The Wilmington District, Corps of Engineers (Corps) received an application from
Swansboro Investors, LLC seeking Department of the Army authorization to permanently
discharge dredged or fill material into 0.86 acre of waters of the U.S., associated with the
construction of a big -box store along NC Highway 24 in Swansboro, Onslow 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.miI /Missions /Re ug latoaPermitProgram.aspx
Applicant:
AGENT (if applicable):
Authority
Mr. John Pierce
Swansboro Investors, LLC
Post Office Box 1685
Jacksonville, North Carolina 28541
Mr. Haywood Pittman
Pittman Soil Consulting
1003 Gregory Fork Road
Richlands, North Carolina 28574
The Corps ev?!uates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authuf1tics:
Section 404 of 0 e Cleat: Waver Act (33 U.S.C. 1'44)
( j Section 10 of the Rivers and Hafbors 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)
F' EF? 1 9 2014
Location
Directions to Site Highway 17 North from Wilmington, Take NC Highway 24 towards
Swan sbot o/iMorehead City The proposed project site is located 0 2 miles southeast of
Queens Creek Road, across from Norris Road, at 1121 West Corbett Avenue
Project Area (acres) 20 25 Nearest Town Swansboro
Nearest Waterway UT to Halls Creek River Basin 03020106
Latitude and Longitude 34 699828N, -77 150060W
Existing Site Conditions
The 20 25 acre site is located on NC Highway 24 (West Corbett Avenue) in Swansboro,
North Carolina The site has historically been used for commercial sales A small asphalt
parking lot and office is currently located on the road frontage portion of the property
The site is partially cleared by mechanized land clearing Additionally, there are stands of
loblolly pines onsite which vary to age Waters within the tract consist of an unnamed
tributary to Halls Creek, an impoundment of the unnamed tributary, and a headwater
forest wetland According to the Onslow County Generalized Soil Survey, soil types
within the project area are classified as Onslow loamy fine sand
Surrounding land use is currently zoned residential Uplands within the site support
loblolly pine ( pinus taeda), red maple (acer rubrum), and sweet gum (liquidambar
.5 tyr uctflua)
Applicant's Stated Purpose
The applicant proposes to construct a big box store
Project Description
The applicant proposes to construct a big box store with appurtenant features such as a
delivery access road; parking lot and a storm water management system Wastewater
disposal onsite will be serviced by ONWASA ( Onslow Water and Sewer Authority)
Avoidance and Minimization
The applicant provided the tollowtng information in support of efforts to avoid and /or
minimize impacts to the aquatic environment The applicant designed the proposed
project with the minimum amount of necessary parking spaces to serve the development
and located the building footprint nearest the road in order to minimize aquatic impacts
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Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment The applicant proposes to pay into the
Bachelors Delight Mitigation Bank for the restoration of 044 acre of wetland impacts
No compensatory mitigation is proposed for open water impacts
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
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 histork, properties, or propeities eligible for mclusioit ire the Naiionai
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
.,istonc Lit opeit,es affected, The C oils, rC,g6t,,k CW i jriCiiLe 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)
C Historic, piuperbes, or pioperties eligible for llhAUNion iii 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
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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- mdentified 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
❑� The Corps determines that the piopuNed 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
Fnclangered Species Act of 197, ) within the pioject arca The Corps wall
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 appncation materials io the appropriate
State agencies for review
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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 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 Ali persons desiring to make comments regarding the application
for a 401 Certification should do so, in writing, by March 21, 2014 to
NCDWR Central Office
Attention Ms Karen Higgins, 401 and Buffer Permitting Unit
(LISPS mailing address) 1650 Mail Service Center, Raleigh, NC 27699 -1650
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 uu lude 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 T, S,C 145 *1;
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including rurnula(ive impaus orihe proposed m tivity on the public mtere,�t
That decision will reficci the national concern for both protection and utilization or
important resources The benefit which reasonably may he expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factor,
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
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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
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
silall state, with partit ula;tty, the teasuns for holding a public hearing Requests foi 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, March 21, 2014 Comments should be
submitted to Liz Hair, Wilmington Regulatory Field Office, 69 Darlington Avenue,
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