20050949 Ver 1_Public Notice_20060111

US Army Corps
Of Engineers
Wilmington District
Fl@[R
PUBLIC NOTICE JAN 1 12006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH.
Issue Date: January 5, 2006
Comment Deadline: February 3, 2006
Corps Action ID #: 200520934
The Wilmington District, Corps of Engineers (Corps) has received an application from
Mr. John Shalcross, Jr., with Partner's Equity Group, seeking Department of the Army
authorization to impact 2.44 acres of wetlands associated with development of two
commercial lots within an existing subdivision in Smithfield, Johnston 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.gM.mil/wetlands.
Applicant: Mr. John Shalcross, Jr.
Partner's Equity Group
Post Office Box 1089
Smithfield, NC 27577
Agent: Ms. Robin Little
.5409 New Rebel Court
Youngsville, NC 27596
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act.
Location
The project, consisting of Lots 18 and -19 of Partners Equity Group Subdivision, is
located on the north side of Industrial Park Drive, east of South Equity Drive, in
Smithfield, Johnston County, North Carolina. Coordinates (in decimal degrees) for the
site are 35.5069° North, 78.3217 ° West. The project site contains wetlands located
adjacent to an unnamed tributary of Polecat Branch, in the Neuse River Basin (8 -Digit
Cataloging Unit 03020201).
P

Existing Site Conditions
The project is comprised of two lots, totaling 2.65 acres in size, located within an existing
44.5 -acre industrial and commercial subdivision. The subdivision is located adjacent to
the access ramp off Interstate 95 southbound, and is in an urbanized area generally
comprised of residential and commercial development. The project has been under
development since the early 1990s, however several additional lots within the subdivision
remain undeveloped. Impacts previously authorized by nationwide permit on the project
site include 0.58 acre of wetland in 1994 (authorized after -the -fact), and 0.66 acre of
wetland in 1997. A total of 2.79 acres of non-riverine, herbaceous wetlands currently
exists on the property, including the 2.44 acres proposed to be impacted.
Applicant's Stated Purpose
The objective of the project is to fill and grade the remaining lots, which are located in
close proximity to the highway exit and have road frontage that is highly visible from the
interstate, in order to sell the properties for commercial development.
Project Description
The project involves the placement of fill material into the remaining 2.44 acres of
wetlands located on Lots 18 and 19. The proposed plans show the construction of a
commercial building with 7,875 square feet of commercial space and 64 parking spaces
on lot 18, and a commercial building with 8,100 square feet of commercial space and 96
parking spaces on lot 19. Development of the lots would require the placement of
approximately 6,000 cubic yards of earthen fill on the two lots.
The applicant proposes to mitigate for impacts resulting from the project by payment into
the North Carolina Ecosystem Enhancement Program necessary for the restoration of
4.88 acres of non -riparian wetlands (2:1 ratio).
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 in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for 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
2

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
February 3, 2006.
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 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, 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 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 1.1988), 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
3

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 endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Continents 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 5pm, February 3, 2006. Comments
should be submitted to Mr. Todd Tugwell, Raleigh Regulatory Field Office, 6508 Falls of
the Neuse Road, Suite 120, Raleigh, North Carolina, 27615.

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PRELIMINARY SITE PLAN FOR WETLAND MI
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