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Home My WebLink About20071445 Ver 1_Public Notice_20070824„~~~ ~ ~~ b s ~~~~ uu~~~~~ PUBLIC NOTICE US Army Corps Of Engineers Wilmington District 07- 1 44 5 Issue Date: August 21, 2007 Comment Deadline: September 20, 2007 Corps Action ID #: SAW-2007-00912-065 The Wilmington District, Corps of Engineers (Corps) has received an application from the Town of Carolina Beach seeking Department of the Army authorization for the discharge of fill material into 1.452 acres of Section 404 jurisdictional wetlands adjacent to an unnamed tributary to the Cape Fear River and 3,2471inear feet of a man-made tributary to the Cape Fear River, associated with the proposed Wilmington Beach Street Improvements Project. The project area is located south of Carolina Sands Drive, north of Alabama Avenue, and includes improvements to portions of Bowfin, Snapper, Swordfish, Bonito, Mackerel, Pinfish, Searay, Spot and Croaker Lanes as well as sections of Tennessee Avenue, North Carolina Avenue, Ocean Boulevard, South Carolina Avenue, and Texas Avenue, in the Town of Carolina Beach, 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 www.saw.usace.army.mil/wetlands Applicant: Agent (if applicable): Authority Town of Carolina Beach Attn: Mr. Timothy W. Owens, Town Mana er r°-r . 1121 North Lake Park Boulevard ~ __`';;~„~.,~~~7~° ~~; Carolina Beach, North Carolina 28428 t ~; ~ -~ L:r' ~~, ~! G 2 ~ 2001 Soil & Environmental Consultants, PA Attn: Mr. Sean Clark ~~z~;,it~u;;,U~o ~pr~a,~~ ~~~cs 11010 Raven Ridge Road Raleigh, North Carolina 27614 The Corps will evaluate this application and decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33 U.S.C. 1344). Location The project area is located within the Wilmington Beach area of the Town of Carolina Beach, New Hanover County, North Carolina and is confined to the established right-of- way (ROW) of the following streets: Bowfin Lane, Snapper Lane, Swordfish Lane, Bonito Lane, Mackerel Lane, Pinfish Lane, Searay Lane, Spot Lane, Croaker Lane, Tennessee Avenue, North Carolina Avenue, Ocean Boulevard, South Carolina Avenue, and Texas Avenue. The site contains approximately 1.45 acres of jurisdictional non- riparian wetlands which are adjacent to an unnamed tributary to the Cape Fear River, a Navigable Water of the United States. The project area also contains a linear, man-made tributary to the Cape Fear River. Site coordinates are 34.0194°N, 77.9014°W. Existing Site Conditions The Wilmington Beach area is a residential mix of existing single and mulit-family housing and undeveloped residential lots, many platted as early as 1913. With the exception of sections of Spot and Searay Lanes, the roadways identified for improvement within in the project area have a soil or gravel surface. The ROW of Spot Lane, between South Carolina and Texas Avenues, is located almost entirely within an undisturbed non- riparian wetland system. The ROW of Searay Lane between Ocean Boulevard and Texas Avenue is partially located within the same non-riparian wetland system; however, this section has been disturbed and impacted from utility line installation and currently support shrub and herbaceous vegetation. According to the United States Department of Agriculture Soil Survey of New Hanover County (April 1977), wetlands within the site are classified as Leon sand, a poorly drained soil, and has been classified as a hydric soil for New Hanover County. These wetlands support vegetation which consists of loblolly pine (Pinus taeda), sweetbay (Magnolia virginiana), water oak (Quercus nigra), red chokecherry (Amnia arbutifolia), cinnamon fern (Osmunda cinnamonmea), and netted chain fern (Woodwardia areolata). Upland soils are classified as Lynn Haven fine sand (poorly drained, hydric) and support long-leaf pine (Pinus palustris), pond pine (Pinus serotina), live oak (Quercus virginiana), sweetbay (Magnolia virginiana), southern bayberry (Myrica cerifera), bracken fern (Pteridium aquilinum) and wiregrass (Aristida stricta). Surrounding land use currently consists of scattered undeveloped, wooded residential lots, single family housing, and multi-family duplexes to the north and south. West of the project area is the undeveloped, wooded Military Ocean Terminal Sunny Point (MOTSU) land, owned by the Department of Army. Mainly commercial development exists to the west of the project area, along Lake Park Boulevard. Applicant's Stated Purpose The purpose of the project is to provide paved road access to platted residential lots and to address the need and demand for housing in the area. 2 Version 12/12/05 Project Description The applicant has proposed to discharge fill material into 1.452 acres of jurisdictional wetlands and 3,247 linear feet of a man-made tributary to construct and/or improve the roadway system of the Wilmington Beach area. Project plans, narrative and supplemental information have been included with this Public Notice. The applicant has also submitted a mitigation proposal with their application that entails the preservation of approximately 40 acres of tidal marsh in Carolina Beach and payment into the Ecosystem Enhancement Program (EEP) for restoration ofnon-riparian wetlands within the Cape Fear River watershed at a 1:1 mitigation rate. Other Required Authorizations This notice and all applicable application materials are being forwarded to the appropriate State agencies for review. The Corps will generally not make a final permit decision until the North Carolina Division of Water Quality (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 will constitute initial receipt of an application fora 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, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Suite 250, 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 delivering to the North Carolina Division of Water Quality (NCDWQ), at the above Crabtree Boulevard address ,Attention: Ms Cyndi Karoly by September 6, 2007. Coastal Zone Management The applicant has not provided to the Corps, a certification statement that his/her proposed activity complies with and will 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 can not issue a permit for the proposed work until the applicant submits such a certification to the Corps and the North Carolina Division of Coastal Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the applicant's consistency certification. Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project will not adversely impact EFH or associated Version 12/12/05 fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Cultural Resources The Corps has consulted the latest published version of the National Register of Historic Places and is not aware that any registered properties, or properties listed as being eligible for inclusion therein are located within the project area or will be affected by the proposed work. Presently, unknown archeological, scientific, prehistoric, or historical data may be located within the project area and/or could be affected by the proposed work. Endangered Species The Corps has 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 has determined pursuant to the Endangered Species Act of 1973 (ESA), that the proposed project will have no effect on Federally listed endangered or threatened species or their formally designated critical habitat. 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 maybe 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 consolidate 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 4 Version 12/12/05 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. Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until Spm, September 20, 2007. Comments should be submitted to Jennifer S. Frye, Post Office Box 1890, Wilmington, North Carolina, 28402-1890, telephone (910) 251-4923. Version 12/12/05 Project No. Scale: 6253.W3 1" = 2000 FIG. 1 -USGS TOPOGRAPHIC MAP souRCE: Project Mgr. Drawn By: TOWN OF CAROLINA BEACH CAROLINA BEACH sc MM NEW HANOVER COUNTY, NC USGS QUADRANGLE DATED:1999 Date: 06/15/07 11010 Raven Ridge Rd. Raleigh, NC 27614 919-846-5900 ,d. ~t JUI\VLI UI\ ~_ PROJECT AREA «.:,; PREVIOUSLY (2001) IDENTIFIED DISTURBED :J(''.': '~ '"`:> WETLANDS 1 " = 350' 350 0 350 700 6253 W3Nc i cale~350~ OVERALL IMPACT MAP Project Mgr. gown ey: TOWN OE CAROLINA BEACH OVERALL MAP SC MM Date: 06/14/07 NEW HANOVER COUNT`(, NC 11010 Raven Ridge Rd. Raleigh, NC 27614 919-846-5900 GRAPHIC SCALE 1" = 50' 50 0 50 100 ` /'/ ~ / / ~ / ~ / I~ / / / i / ~ / j / / / / %/ / j / i / \ / ~ /' / ""r~~^"' PROPOSED FILL AREAS APPROX. LOCATIONS OF S&EC IDENTIFIED WETLANDS THAT WERE NOT FIELD -~ LOCATED BY A SURVEYOR PROJECT AREA WETI~,ND IMPACT: 24,900 SF (0.57 AC.) PREVIOUSLY (2001) IDENTIFIED DISTURBED WETLANDS Project No. Scale: ~, 6253.W3 1' = 50' IMPACT MAP ~' [ ~'~ ~ 11010 Raven Ridge Rd. Pra;ect Mgr. Drawn ey: TOWN OF CAROLINA BEACH INSET MAP 1 ~ "' ® Raleigh, NC 27614 sc MM NEW HANOVER COUNTY, NC ('~` 919-846-5900 Date: 06/14/07 ~ r, ~, GRAPHIC SCALE 1 " = 50' '`;=;.~ PROPOSED FILL AREAS APPROX. LOCATIONS OF S&EC IDENTIFIED WETLANDS THAT WERE NOT FIELD LOCATED BY A SURVEYOR ~1-~ PROJECT AREA PROPOSED WETLAND IMPACTS: 9,518 SF (0.22 AC.) PREVIOUS WETLAND IMPACTS: 14,355 SF (0.33 AC.) PREVIOUSLY (2001) IDENTIFIED DISTURBED WETLANDS Project No. Scale: 6253.W3 1' = 50' IMPACT MAP ~ 11010 Raven Ridge Rd. Pr°j°°t Mgr. Dr°W° aY: TOWN OF CAROLINA BEACH INSET MAP 2 ~ Raleigh, NC 27614 SC MM Date: 06/14/07 NEW HANOVER COUNTY, NC 919-846-5900 50 0 50 100 GRAPHIC SCALE 1 " = 120' ;~'"'"`~ PROPOSED FILL AREAS APPROX. LOCATIONS OF S&EC IDENTIFIED WETLANDS THAT %'~•! ~ WERE NOT FIELD LOCATED BY A SURVEYOR ~~~~~ PROJECT AREA ~ ~:~ PREVIOUSLY (2001) IDENTIFIED DISTURBED WETLANDS DITCH IMPACTS-TEXAS AVENUE: 1989 SF (0.05 AC) DITCH IMPACTS-SNAPPER LANE (SOUTH OF OCEAN 3605 SF (0.08 AC) / 872 LF BLVD): / 673 LF Project No. Scale: 62s3.w3 1' = so' IMPACT MAP • Project Mgr. Drawn eY: TOWN OF CAROLINA BEACH INSET MAP 3 ® RalOeligh,RNC n276~19e R,. '~~ SC MM NEW HANOVER COUNTY, NC 919-846-5900 Date: 06/14/07 120 0 120 240 PROPOSED FILL AREAS - ~ ~~~ APPROX. LOCATIONS OF S&EC IDENTIFIED WETLANDS THAT -~~ = WERE NOT FIELD LOCATED BY A SURVEYOR ~~~~~~ PROJECT AREA ~r~ ~~~`~'~ PREVIOUSLY (2001) IDENTIFIED DISTURBED WETLANDS Project No. Scale: 6253.W3 1' = 50' IMPACT MAP Pr°ject Mgr. or°W~ ey: TOWN OF CAROLINA BEAC SC MM NEW HANOVER COUNTY, Dote: 06/14/07 H NC DITCH IMPACTS-MACKERAL LANE: 4743 SF. (0.11 AC) / 520 LF DITCH IMPACTS-SNAPPER LANE (NORTH OF OCEAN BLVD) 9891 SF (0.23 AC) / 1182 LF WETLAND IMPACTS-14473 SF (0.33 AC) INSET MAP 4 11010 Raven Ridge Rd. Raleigh, NC 27614 919-846-5900 GRAPHIC SCALE 1 " = 120' 120 0 120 240 p 1 , s syx~ ~r r 1 : ~ ,~ r Project No. Scale: 6253.W3 1" = 200' Project Mgr. Drawn By: SC MM Date: 07/20/07 CAROLINA BEACH AERIAL MAP MITIGATION SITE CAROLINA BEACH, NC 11010 Raven Ridge Rd. Raleigh, NC 27614 919-846-5900 • Project No. Scale: 6253.W3 1" = 1500' Project Mgr. Drawn By: SC MM Date: 07/20/07 CAROLINA BEACH AERIAL MAP MITIGATION SITE CAROLINA BEACH, NC 11010 Raven Ridge Rd. Raleigh, NC 27614 919-84E-5900