HomeMy WebLinkAbout20071560 Ver 1_Public Notice_20070925~7- ~5G°
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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: September 26, 2007
Comment Deadline: October 26, 2007
Corps Action ID #: 2007-3014
The Wilmington District, Corps of Engineers (Corps) has received an application from
Redtail-Gaston, LLC, seeking Department of the Army authorization to construct the
Eaton's Crossing Shoreline Redevelopment project, consisting of five boathouses, two
day dock structures (120 total slips), and the resurfacing and repair of an existing boat
ramp, on the Lake Gaston shoreline, to accommodate the new Eaton's Crossing
residential community, in Warren 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: Redtail-Gaston, LLC
941 Meadow Lane
Henderson, NC 27536
Agent: Kerr Environmental Services Corp.
1008 Old Virginia Beach Road, Suite 200
Virginia Beach, VA 23451
Authority
The Corps will evaluate this application and decide whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of Section 10 of the Rivers
and Harbors Act of 1899, and Section 404(b) of the Clean Water Act (33 U.S.C. 1344).
Location
Approximately 79 acres, formerly known as Eatons Ferry Campground, just west of the
southern end of Eatons Ferry Bridge and Eatons Ferry Marina, and east of the River
Forest residential development, west of NC 903, on the southern shore of Lake Gaston,
north of Littleton, in Warren County (Property center at ~ 36.506° N
Latitude, -77.97° W Longitude), North Carolina.
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Existing Site Conditions
The general area to be impacted consists of approximately 6,500 linear feet of shoreline
at the site of a former campground. The site has been abandoned since 2003. The
western shoreline of the site has an existing boat ramp, but approximately 70 piers (140
slips) that were at the site have been removed. The upland above the shoreline is
vegetated with mature hardwood and pine trees with little understory growth, with the
exception of four low flat wetland areas in the `coves' along the shore, which have dense
herbaceous and shrub vegetation. Also, there are several shallow areas along the
shoreline that have occurrences of the emergent plant, Justicia americana (water willow).
Applicant's Stated Purpose
The applicant's purpose is to construct boathouses and dock structures to service the
residents of the new residential development on the site.
Project Description
Plans submitted with the application show the construction of five 20-slip boathouses and
two 10-slip day dock structures, for a total of 120 slips, and the resurfacing and repair of
an existing 17-feet wide by 20-feet long boat ramp (374 square feet), along
approximately 6,500 linear feet of shoreline. No wetland and water willow areas would
be directly impacts by construction of the boathouses and docks, or the boat ramp repair.
No fueling stations, boat maintenance facilities, or restrooms associated with the boat slip
facilities are planned, and no dredging is required. No work would occur in Lake Gaston
between March 1St and June 30th
The current plan for the Eaton's Crossing residential development on the upland calls for
development of detached single-family houses, with 981ots with views of the lake.
A Draft Environmental Assessment (EA) for the "Eaton's Crossing Shoreline
Redevelopment Project, Littleton, Warren County, North Carolina" was submitted by the
applicant to Dominion Power on May 30, 2007, and a Final EA was submitted to
Dominion Power on September 17, 2007.
Alternatives
In the Draft EA, the applicant considered the following alternatives, but eliminated them
from fiirther analysis:
1) A fork lift basin and dry dock facility
2) Single family homes or townhomes and individual boat slips for each lot
3) Cul-de-sac, 20-car parking lot and walking path within the Dominion Power
easement on Lake Gaston.
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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,
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 19, 2007.
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 permit area or will be affected by the
proposed work under consideration for a permit. However, the applicant conducted a
Phase 1B archaeological assessment for the entire site, and found 19 sites containing
artifacts; two of the sites out of the permit area are considered "potentially eligible for
nomination to the National Register", and the applicant has conducted Phase II
archaeological boundary determinations for both sites, and has committed to avoiding
direct impact to the two archaeological sites from the upland development.
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 maybe expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
3
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
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 26, 2007. Comments
should be submitted to:
Eric Alsmeyer
Wilmington District, Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, North Carolina 27615-6814
Telephone (919) 876-8441 ,Extension 23
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