20140370 Ver 1_Public Notice_20140417

Issue Date: April 17, 2014
JEW Comment Deadline: May 19, 2014
Corps Action ID Number: SAW- 2013 -01352
The Wilmington District, Corps of Engineers (Corps) has received an application from
Mr. Samuel Ketner of Auto House of Salisbury seeking Department of the Army GEN
authorization to permanently impact 142 linear feet of jurisdictional stream channel and
0.497 acre of jurisdictional wetlands of a tributary of Town Creek associated with th
proposed construction of expansion of the existing Auto House car dealership facilities
located on 428 S. Jake Alexander Boulevard, in Salisbury, Rowan County, North
Carolina. An
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 7u�yPermitPro =ram m aWx
;uto House of Salisbur
,ttn: Samuel Ketner
28 S. Jake Alexander Boulevard
ry, NC 2814
14
'arolina Wetland Services
,ttn: Gregg Antemann
50 E. Westinghouse Boulevard
'harlotte, NC 28273
The Corps evaluates this application and decides whether to issue, conditionally issue,
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
® Sectio
U.S.C. 13
❑ 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
Project Area (acres): 3.4 Nearest Town: Salisbury
Nearest Waterway: Town Creek River Basin: Yadkin
Latitude and Longitude: 35.647446N, -80.490865W A
Existing Site Conditions
The land use in the immediate area surrounding the project consists of existing car
dealerships and an adjacent wooded flood plain of a tributary of Town Creek. The
project site itself is currently a wooded flood plain of a tributary of Town Creek. ,
Applicant's Stated Purpose
As stated by the applicant, the purpose of the project is to expand the existing Auto
House car dealership to add new service bays, a new paint and detail shop, and additional
sales forecourt space
ect Descri
Compensatory Mitigatio
The applicant offered no compensatory mitigation for the proposed 142 linear feet of
stream channel impact. The applicant did offer 1:1 ratio compensatory mitigation for the
proposed 0.497 acre ofjurisdictional wetland fill impact. There are no private mitigation
banks available within the 8 -digit hydrologic unit code for this project. Therefore, the
applicant has applied for mitigation credits from the North Carolina Ecosystem
Enhancement Program ( NCEEP). He included copy of the mitigation acceptance letter
from the NCEEP dated March 18, 2014 with his application package

tial 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 would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resou
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
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 -17i'storic properties, nor properties e igible or me usion m t e ahonal -1
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Cor s subse uently requests concurrence fro
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 Registe?,
are present within the Corps' permit area; however, the undertaking will have r
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO)
Historic properties, or properties e igi e or inclusion m t e ational 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 Corps determines that the proposed project may affect federally listed
Other Required Authorization
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. 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 May 19, 2014 to

NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(LISPS mailing address): 1650 Mail Service Center, Raleigh, NC 27699 -165
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27
North Carolina Division of Coastal Management (NCDCM):
Based upon all availa e in ormat►on, t e orps etermines that this application
for a Department of Army (DA) permit does not involve an activity which woul
affect the coastal zone, which is defined b the Coastal Zone Management CZP
Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be ased on an evaluation of the probab
impacts including cumulative impacts of the proposed activity on the public interestIthe
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue fro►n
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 1 ] 988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energ
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 o
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.

Commenting Information
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 t
the proposed work, as outlined above, until 5pm, May 19, 2014. Comments should be
submitted to John Thomas, Regulatory Project Manager,Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 ,Wake Forest, North Carolina 27587, at (919) 554

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DATE. 02 -14 -14
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2014 -3282
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CWS Project No. 2014 -3282
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erennial RPW Stream
142 linear feet
erennial RPW
56 linear feet
Wetland AA
0.65 acre o
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Perennial RPW Stream B No
li 142 linear feet impacted (Cult'
Wetlarlc AA
r 0.538 acre im
Wetlands
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND CLASSIFIED BY CWS, INC.
ON FEBRUARY 11, 2014. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE.
REFERENCE: BACKGROUND GIs LAYERS PROVIDED BY ROWAN COUNTY GIs DEPARTMENT, DATED 2010. 100 50 0 100 Feet
STREAM AND WETLAND LAYERS GENERATED BY CWS, INC., DATED MARCH 2014.
FIGURE NO. Original Alternative One Site Plan I !u;''''ii '! SCALE: 1" : 100' UAIE. 02 -14 -14
® ® - Proposed Impacts _ _ _ I I CWS PROJECT NO DRAWN BY
® Auto House 2014 -3282 KMT
Salisbury, North Carolina APPLICANT NO CHECKED BY
\, CWS Project No. 2014 -3282 WWW. T T.JB

Wetland A
0.475 acre impacted (Fill)
Wetland BB
0.022 acre impacted (Fill
Perennial RPW Stream B
142 linear feet impacted (Culvert)
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND CLASSIFIED BY CWS, INC.
ON FEBRUARY 11, 2014. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE.
REFERENCE: BACKGROUND GIS LAYERS PROVIDED BY ROWAN COUNTY GIS DEPARTMENT, DATED 2010
STREAM AND WETLAND LAYERS GENERATED BY CWS, INC., DATED MARCH 2014.
66M
100 0 50
—11 1" : 100'
CWS PROJECT NO
2014 -3282
APPLICANT NO
100 Feet
02_ -14 -14
BY
KMT
J BY
TJ B