HomeMy WebLinkAbout20140843 Ver 1_Public Notice_20140829Burdette, Jennifer a
From: Metcalf, Deborah G SAW < Deborah .G.Metcalf @usace.army.mil>
Sent: Friday, August 29, 2014 1:48 PM
Subject: US Army Corps of Engineers Wilmington District Public Notice (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a
Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home
Page. Each Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download at
http: / /www.saw.usace.army. mi I/ Missions /RegulatoryPermitProgram.aspx.
The current notice involves:
Corps Action ID #: SAW- 2013 -02365
ISSUE DATE: August 29, 2014
Applicant: Harmon Graham Properties, LLC
EXPIRATION DATE: 5:00 p.m., September 29, 2014
Point of Contact: Mr. David Brown
PROJECT DESCRIPTION: The Wilmington District, U.S. Army Corps of Engineers has received an application from Mr. John
Harmon of Harmon Graham Properties, LLC seeking Department of the Army authorization to impact 1.2 acres of
jurisdictional wetlands associated with development of the property at the
northeast corner of Jule Noland Drive and Russ Avenue (U.S. Highway 276) for construction a grocery store and
additional commercial /retail space in
Waynesville, Haywood County, North Carolina.
Subscribe / Unsubscribe: This email was sent out as a result of subscribing to the Wilmington District regulatory program
public notices. Please email Cindy.M.Corbett @usace.army..mil with the subject or message "unsubscribe" to remove
your address from future mailings.
Project Manager is David Brown (828) 271 -7980 extension 232.
Classification: UNCLASSIFIED
Caveats: NONE
Classification: UNCLASSIFIED
Caveats: NONE
The Wilmington District, Corps of Engineers (Corps) received an application from Mr. John Harmon
of Harmon Graham Properties, LLC, seeking Department of the Army authorization to impact 1.2
acres of jurisdictional wetlands, associated with development of the property at the northeast corner of
Jule Noland Drive and Russ Avenue (U.S. Highway 276) for construction of a grocery store and
additional commercial /retail space in Waynesville, Haywood 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
htlp: / /www.saw.usace.army.mil /Missions /Re u� lato Perr i ray m.aspx
Applicant:
AGENT (if applicable):
Authority
Mr. John Harmon
Harmon Graham Properties, LLC
P.O. Box 180
Waynesville, North Carolina 28786
Ms. Wanda Austin
Wanda H. Austin, PE Engineering
45 Homespun Road
Sylva, North Carolina 28779
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 Great Smoky Mountain Expressway (U.S. Highway 74), take exit 103 onto
Dellwood Road (U.S. Highway 19) toward Maggie Valley. Continue 1.1 miles and turn left onto Russ
Avenue (U.S. Highway 276). Go 0.2 miles and turn left onto Jule Noland Drive. Property is on the left.
Project Area (acres): 6.7
Nearest Waterway: Mauney Cove Branch
and Factory Branch
Latitude and Longitude: 35.524121N, 82.98576W
Existing Site Conditions
Nearest Town: Waynesville
River Basin: Pigeon (06010106)
The site is undeveloped, open land in a small community urban setting with the surrounding area being
mostly developed commerical and residentail properties with some undeveloped tracts. The property
contains 3.28 acres of wetlands, with Mauney Cove Branch along the west boundary and Factory
Branch near the north boudary. Two large roads adjoin the property, Russ Avenue (U.S. Highway
276) to the west and Dellwood Road (U.S. Highway 19) to the north. Clearing and grading of a
portion of the property has occurred along Jule Noland Drive during Phase I of this project. This phase
of the project did not impact waters of the U.S. and did not require Department of Army authorization.
Applicant's Stated Purpose
The pupose of the project is to provide 5.0 acres of suitable commerical property to build a 40,000
square foot neighborhood grocery store and assoicated required parking with development of an
additional 0.7 acre commerical /retail tract.
Project Description
Clearing and grading of a portion of the property has occurred along Jule Noland Drive during Phase I
of this project. This phase of the project did not impact waters of the U.S. and did not require
Department of Army authorization.
Phase 11 of the project will clear and grade the property which includes discharging an estimated
15,500 cubic yards of fill into 1.2 acres of wetland in order to provide suitable acreage for a 40,000
square foot neighborhood grocery store, 200 required parking spaces, and development of an
additional 0.7 acre commerical /retail tract. A grocery retailer has committed to building on this site
contingent the suitable minimum acreage can be provided for construction.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and /or minimize
impacts to the aquatic environment: The project included consideration of several alternatives for
avoidance and minimization of the impacts to the jurisdictional wetlands located on the property. The
total acreage of the property is 9.0 acres, which includes 1.5 acres restricted by a greenway easement,
sewer easement, and stream buffer. Another 0.8 acres is restricted by other utility easements and road
right -of -way along Jule Noland Drive. The remaining 6.7 acres includes 3.3 acres of jurisdictional
wetlands and 3.4 acres of non jurisdictional uplands.
One alternative is to clear and grade the entire 6.7 acres including filling all the wetlands. This
alternative would utilize 100% of the available land and impact 100% of the wetlands. This provides
more acreage than what would be needed to construct the proposed grocery retail space.
2
Another alternative only clears and grades the upland portions of the property with no impact to
wetlands. This alternative does not yield enough acreage needed to construct the proposed grocery
retail space.
Consideration was given of other available commercial zoned properties of equivalent size within a 5-
mile radius of the property which would be close to major roads with good access to a road. Review of
these properties determined them to be unsuitable due to lack of good access to a road, increased trip
length for the targeted area of service (Waynesville- Maggie Valley- Jonathan Creek community -Lake
Junaluska), or within in the limits of an established residential development.
The proposed alternative maximizes the acreage of the upland portions of the property and fills 1.2
acres of wetlands. This provides the suitable acreage needed for the grocery retail space and required
parking, impacting 37% of the jurisdictional wetlands and utilizes 75% of the available land.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss
to the aquatic environment: The applicant has stated that upon completion and implementation of
practical avoidance and minimization efforts, the total impacts to jurisdictional wetlands will be
mitigated by payment to the NC Ecosystem Enhancement Program at a yet to be set compensatory
mitigation ratio.
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 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 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.
M
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 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 September 29, 2014 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(LISPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699 -1617
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, September 29, 2014. Comments should be submitted to
Mr. David Brown, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208,
Asheville, North Carolina 28801 -5006, at (828) 271 -7980, ext 232.
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