20070156 Ver 2_Public Notice_20070831

A_~ F O`1--D151o
-- Issue Date: 3fl-AUG-2007
Comment Deadline: O1-OCT-2007
Corps Action ID: SAW-2007-02828
All interested parties are herby advised that the Wilmington District, Corps of Engineers
(Corps) has received an application for work within jurisdictional waters of the United
States. 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: Mill Run Development Group
Attention: Mr. Buzz Shackleford
Post Office Box 68
Hookerton, North Carolina 28538 p ~~~~~~ D
AGENT (if applicable): Ms. Kim Williams AUG 3 1 2007
Land Management Group, Inc.
Post Office Box 2522 VME11.Ml~°MgST~?~'+T6 ~ ~~
Wilmington, North Carolina 28402
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures pursuant to Section
404 of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors
Act of 1899 (33 U.S.C. 403).
Location
The property is a 634-acre tract located northeast of the intersection of N.C. Highway 58
and N.C. Highway 123 (Glenfield Crossroads) adjacent to Rainbow Creek and three
unnanmed tributaries of Rainbow Creek south of the Hookerton community in Greene
County, North Carolina.
Existing Site Conditions
The 634-acre site contains a total of 33.68 acres of jurisdictional wetlands. Three
unnamed tributaries are located on the property and discharge into Rainbow Creek which
eventually flows into Contentnea Creek. Both Rainbow Creek and Contentnea Creek are

classified as C Swamp Waters (SW) and Nutrient Sensitive Waters (NSW) by the
Division of Water Quality. The C classification is given to waters that are protected for
secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, and
agriculture. Secondary recreation includes wading, boating, and other uses involving
human body contact with water where such activities take place in an infrequent,
unorganized, or incidental manner. This classification has no restrictions on watershed
development or types of discharges. The Swamp Waters designation is a supplemental
classification intended to recognize those waters that generally have naturally occurring
very low velocities, low pH and low dissolved oxygen. Nutrient Sensitive Waters refers
to a classification intended for waters needing additional nutrient management due to
their being subject to excessive growth of microscopic or macroscopic vegetation. In
general, management strategies for point and nonpoint source pollution require control of
nutrients (nitrogen and/or phosphorus usually) such that excessive growths of vegetation
are reduced or prevented and there is no increase in nutrients over target levels.
Management strategies are site-specific. No specific restrictions on development are
involved.
This site has historically been cultivated for agricultural production and most of the
uplands within the site are fields. A narrow fringe of forested wetlands and uplands are
located adjacent to Rainbow Creek and two of the unnamed blue-line features. These
wetlands support loblolly pine (Pinus taeda), sweetgum (Liquidambar stryrac~ua), red
maple (Ater rubrum), sweetbay (Magnolia virginiana), and bald cypress (Taxodium
distichum). Forested uplands on the site support American holly (Ilex opaca), loblolly
pine (Pinus taeda), dogwood (Corms florida), hickory (Carya sp.), red oak (Quercus
falcata);"and white oak (Quercus alba). The third blue line stream (proposed for lake
development) does not contain a forested buffer until it reaches the floodplains associated
with Rainbow Creek. A grass buffer has been maintained along this stream for many
years. There is a fertilizer plant located on the property off of Highway 58. According to
the Greene County Generalized Soil Survey, uplands within the site are classified as
Norfolk loamy sand and Cowarts sandy loam. Wetlands within the site are shown as Bibb
loam (along Rainbow Creek). The property is currently zoned as agricultural by Greene
County. There are several dirt roads located throughout the tract, most of which are
approximately 20' wide. Surrounding land use is residential, agriculture, or forested.
Habitat with the potential for supporting listed species was identified by reviewing aerial
photographs, soils maps, and topographic maps of the property and by walking
throughout the site. A search of the North Carolina Natural Heritage Program database
was conducted to determine whether any state or federally listed rare species have
previously been observed within or near the project area (1/2 mile radius). No known
record of any threatened or endangered species exists or near the project site.
Applicant's Stated Purpose
The applicant proposes to construct amixed-use, golf course development within Green
County, North Carolina.

Project Description
The project consists of developing over 571 single-family lots and 174 multi-family
units, an Audubon Sanctuary Certified golf course, an 11-acre lake, 18 acres of
comrnerciaUretail space and amenities, and 44,807 linear feet of roadways. The
improvements at Cutter Creek Plantation will consist of roadway grading and paving, the
installation of water main and services, and the installation of stormwater and wastewater
collection systems. All of the roads will be private. The city of Kinston will provide
sewage capacity and Greene County will maintain the sewage operation.
The 11-acre lake, Lake Nina, will be the centerpiece of the golf course. It will also be the
primary source of water for irrigation of the golf course and the common areas
throughout Cutter Creek. In addition to Lake Nina, there will be ten smaller lakes
throughout the development whose water level will be maintained through the irrigation
system tied to Lake Nina. The lake will be stream fed and will be supplemented with
water from Rainbow Creek. A dam will be constructed at the northern part of the
proposed lake in accordance with engineered designs. In compliance with Neuse River
Buffer rules, the applicant intends to establish vegetation in most areas adjacent to the
lake to create a 50' buffer. These areas will be vegetated with low lying shrubs or tall
herbaceous species. Two golf holes have been designed so that they will be played across
the lake. These areas will need to be vegetated as turf to maintain visibility for the golfer.
Accessing uplands within the site will require crossing a stream with adjacent wetlands in
one location and crossing two ditches classified as Waters of the U.S. Culverts will be
installed at the wetland/stream crossing. Utilities will be placed within the road right-of-
way throughout the tract.
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 combined with the 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, 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 delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
October 1, 2007.

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
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 maybe 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 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. A final determination on
the effects of the proposed project will be made 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.
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 is soliciting comments from the public; Federal, State and local agencies and
officials; 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 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.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until Spm, October 1, 2007. Comments
should be submitted to Mr. Scott Jones, Post Office Box 1000, Washington, North
Carolina, 27889, or telephone [phone], extension 27.

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Map Source: North Carolina Atlas b~ uazeiieer. rg u4.~uus -SCALE 1" = 1 Mile
Cutter Creek Plantation
Greene County, NC .~,M~ Figure 1
Mill Run Development Group LA2QDIvlA2.TAGEMENTGROUPuz Vicinity Map
40-06-303P _~ Environmental Consultants
May 2007

gaga SourcA: Hookerton ° Sno4v Hill Quadrangles 7.5 minute (topograp"7ic} 19~J. SCAi_E 7" = 2000'
Cutter Creek Plantation
Greene County, NC
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USGS Topgraphic Map
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Boundaries are approximate and are ~~w~sMtDStc;~ oriANC.N
not meant to be absolute.

Map Source: NRCS Soil Survey. SCALE 1" = 1200'
Cutter Creek Plantation
Greene County, NC
Mill Run Development Group
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LAND b1ANAGEb£EhT GROUP uc
Environmental Consultcnts
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*Boundaries are approximate and are
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Map Source: 1998 NAPP aerial photography
Cutter Creek Plantation
Greene County, NC
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AUG 3 1 2007
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