HomeMy WebLinkAbout20140376 Ver 1_Public Notice_20140425Issue Date: April 25, 2014
Comment Deadline: May 25, 2014
Corps Action ID Number: SAW - 2012 -01386
The Wilmington District, Corps of Engineers (Corps) received an application from
Standard Pacific of the Carolinas seeking Department of the Army authorization to
permanently impact 0.636 acres of riparian wetlands from fill, associated with the
construction of one road crossing and lot fill for the construction of James Street Station
residential subdivision in the town of Apex, Wake 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 /RegulatoryPermitPro rag_m aspx
Applicant: Standard Pacific of the Carolinas
Attn: Gray Methven
100 Perimeter Park Dr., Suite 112
Morrisville, NC 27506
AGENT: Withers and Ravenel
Attn: Troy Beasley
1410 Commonwealth Drive, Suite 101
Wilmington, NC 28403
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 NC 55 (East Williams Street) in Apex, heads west on James
Street. After crossing Tingen Road, James Street will change to James Street Extension.
After passing Apex Elementary School the site will be located adjacent to the west of
James Street Extension, and bordered to the north by South Salem Street (Old US 1)
Project Area (acres): 32.91 Nearest Town: Apex
Nearest Waterway: Big Branch River Basin: Cape Fear
Latitude and Longitude: 35.7199N, - 78.8609W
Existing Site Conditions
The site currently consists of undeveloped woodlands, and contains an abandoned house
and drained pond. The general land use in the vicinity consists of a mixture of
residential, institutional, and commercial sites.
Applicant's Stated Purpose
The purpose of the proposed project is to constrict a residential subdivision to
accommodate the growing demand in the area.
Project Description
The project consists of the constriction of a 60 lot residential subdivision and associated
infrastructure. 0.636 acres of permanent wetland impacts from fill associated with the
constriction of James Street extension, and lot fill for lots 7, 8, and 9.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and /or
minimize impacts to the aquatic environment: Proposed wetland impacts have been
concentrated to the lower quality wetlands within the rained pond, while avoid impacts to
stream channels on site. Wetland impacts have been minimized to those necessary for
the constriction of the James street extension, which will serve as primary access to the
proj ect.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The applicant proposes to mitigate for 0.636
acres of permanent wetland impacts through the purchase of riparian wetland mitigation
credits for the North Carolina Ecosystem Enhancement Program.
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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 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.
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 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
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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 16, 2014 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1650 Mail Service Center, Raleigh, NC 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 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
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 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, May 25, 2014. Comments should be
submitted to James Lastinger, Regulatory Specialist, Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 , Wake Forest, North Carolina 27587, at (919) 554-
4884.
6
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SCALE: 11"= 200'
Designer
Scale
PROPERTY DEVELOPER—
W &R
Drawn By
1" =200'
Date
JAMES STREET STATION
RSF
4/8/2014
26,219.52
Checked By
DW
Job No.
2110169.00
TOWN OF APEX WAKE COUNTY NORTH CAROLINA
NOTES:
WETLANDS CERTIFIED BY USACOE UNDER ACTION ID: SAW- 2012 - 01386, OCTOBER 30, 2013.
WETLANDS SURVEYED BY WITHERS & RAVENEL, INC., 2013.
Impact Justification Statement
The purpose of these proposed wetland impacts is to install infrastructure
necessary to support the construction of a new residential subdivision in
the Town of Apex. Due to the location of the existing wetlands, impact
avoidance cannot be achieved, but will be minimized to the most
practical extent possible.
All construction shall be in accordance with the Town of Apex, NCDENR,
NCDWR and USACOE applicable standards and specifications.
ETLANDS
TINCEN ROAD
PROPERTY OWNER
NEW FREEDOM VENTURES II, LLC
PROPERTY DEVELOPER—
STANDARD PACIFIC HOMES
1600 PERIMETER PARK DR.
Acres
SUITE 125
26,219.52
MORRISVILLE, NC 27560
PROJECT ADDRESSES
-100 JAMES STREET EXTENSION
0.034
104 JAMES STREET EXTENSION
27,683.26
120 JAMES STREET EXTENSION
0 JAMES STREET EXTENSION
0 JAMES STREET EXTENSION
0 JAMES STREET EXTENSION
APEX, NORTH CAROLINA
NCPINS
' 0741.09 -17 -5423
0741.09 -17 -5283
0741.09 -16 -5856
0741.09 -16 -5320
0741.09 -16 -8597
0741.09 -16 -8395
TOTAL SITE ACREAGE—
32.91 ACRES
PRELIMINARY
NOT FOR RECORDING OR CONSTRUCTION
WETLAND
IMPACT SUMMARY
Impact #
Permanent Wetland Impact
Square Feet
Acres
1
26,219.52
0.602
2
1,463.74
0.034
Totals
27,683.26
0.636
WITHERS &— RAVENEL
OVERALL SITE PLAN WITH WETLAND IMPACTS ENGINEERS I PLANNERS I SURVEYORS
115 MacKenon Drive Cary, North Carolina 27511
tel: 919 - 469 -3340 www.withersrovenel.com License No. C -0832
Sheet No.
1of21
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PERMANENT WETLAND IMPACT - ''-
26214,52 SQ. FT. (0.602 ACRES)
� f �
SCALE: 1"m 50'
WITHERS & RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
115 MacKenan Orrve Cary, North Carolina 27511 tel: 919- 469 -3340 www.withersmvenel.com License No. C -0832
—N—
PRELIMINARY DATE. • 41812014
NOT FOR RECORDING OR CONSTRUCTION
2of2
JAMES STREET STATION
WETLAND IMPACTS #1 & #2
OWN OF APEX WAKE COUNTY NORTH CAROLIN.