20221350 Ver 1_SAW-2022-02147 Public Notice_20221118

US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: November 18, 2022
Comment Deadline: December 18, 2022
Corps Action ID Number: SAW-2022-02147
The Wilmington District, Corps of Engineers (Corps) received an application from Mr.
Mark Lyczkowski (MAD M&R, LLC) seeking Department of the Army authorization to
impact and fill 1.03 acres (44,721 SQ FT) of 404 wetlands and 0.05 acres (2338 SQ FT)
of stream within a 3,196-acre tract proposed for mixed -use commercial and residential
development near the Town of Oak Island, Brunswick 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:
http://www. saw.usace. army.mil/Missions/RegulatoryPermitProgram. aspx
Applicant: Mr. Mark Lyczkowski
MAD M&R, LLC
709 Croswell Court
Whitsett, NC 27377
AGENT (if applicable): Mr. Nick Tudor
Timmons Group
5410 Trinity Road, Suite 102
Raleigh, NC 27607
Authority
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)
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Project Location in Oak Island, Brunswick County, NC (Figure 1)
Location
The project is located west of US-906, east of Sunset Harbor Road SE and south of
Southport Supply Road SE in Oak Island, Brunswick County, NC. (Parcel Tax ID:
205701350265) (See figure 1 & 2)
Project Area (acres): 3196.4 acres
Nearest Town: Oak Island
River Basin: Lumber
Watershed Hydrologic Unit Code: 03040208
Nearest Waterway: Mercers Mill Pond & UT to Mercers Mill
Latitude and Longitude: 33.940698 N,-78.164548 W
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Existing Site Conditions
The approximately 3,196 acre site is located in Brunswick County, NC. Approximately 1
mile southwest of the intersection of US-906 and Southport Supply Road SE (Figure 1:
Vicinity Map). Access to the Site will be provided by multiple proposed roads. One road
will be west of US-906, one will be south of Southport Supply Road SE, and one will be
east of Sunset Harbor Road SE. Currently, access to the site is limited to a dirt/gravel
road from New Hill Road. The Site is bound to the north by residential and commercial
development, pine silviculture, agricultural fields, mixed hardwood and pine forests, and
Southport Supply Road SE, to the east by an existing residential development (St. James),
mixed hardwood and pine forest, and US-906, to the south by the Intercoastal Waterway
and mixed hardwood and pine forests, and to the west by residential development, mixed
hardwood and pine forest, and Sunset Harbor Road. The Site lies within the Lumber
River Basin (Hydrologic Unit Codes: 030402080107 and 030402080105.
The Site is comprised of one tax parcel (PIN: 205701350265 see figure 2), which is
currently owned by DWE III LLC and Ladane Enterprises LLC. The Site consists of
mixed mature hardwood and pine forest and pine plantation. Several acres of pine
plantation have been recently cleared and are now characterized as early successional
growth. Several dirt/gravel roads currently bisect the property.
Parcel Map (Figure 2
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According to the Brunswick County topographic maps for this area, there are several
stream systems that flow through the site. The upper/northern system is part of Mercers
Mill Pond which flows from east to west eventually flowing into Lockwood Folly River,
which in turn flows into the Atlantic Intra-Coastal Waterway (AICWW). The southern
segments are Unnamed Tributaries of Mercers Mill. These segments flow south into the
Atlantic Intra Coastal Waterway (AICWW). The 984 acres of 404 wetlands are scattered
throughout the 3,326-acre parcel. These wetland systems flow either into Mercers Mill in
the north or into the UT segments of Mercers Mill In the southern portion of the site. (see
Topographic map 3)
Topographic Map (Figure 3)
74J1d31ES StE a:- • _ :. _ . . _. .: ' : a 3rb=1JrE.
Map Scum U .1: aarme,L:Agri=re, GEixe CEtterAgencles
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BaB: Bayeneade me sand_ 1 to 6 percent slopes
CT: Cm3n muck, pcnded, 0 to 2 pmentslopes
C4: d.xatan muck, 0 to 1 percent slopes
Fa Foresion loamy fine sans. 0 to 2 percent slopes
Kr&: Kureb fine sand, 1 to 8 per ern slopes
Lo: Leon fine sand. 0to 5 percent slopes
Ma: Mandarin -Ise sand_ 0 to 3 percent slopes
Mk: Mudtaiee loam, 0 to 2 perrxnt slopes
Mu: M u rvie rr ck y fn a sand, 0 to 2 peroerat s l open
P-: Pantego mucky loan. 0 to 2 piemestslopes
Ra: Rains fire sandy loam, 0 to 2 percent slopes
To. Torhunta nucJry fine sandy loam, 0to 2 peroert slopes
Wan.: '4's'a7da fine said, 0 to 6 percent slopes
Soils Map (Figure 4)
The Brunswick County Soil Survey shows the site having a mix of thirteen different soil
types. The most dominant appearing to be Kureb fine sand (KrB), Murville mucky fine
sand (Mu), Leon fine sand (Lo) and Mandarin fine sand (Ma). Other soils include
Baymeade fine sand, Dorovan muck, Croatan muck, Foreston loamy fine sand, Pantego
mucky loam, Rains fine sand, Torhunta micky fine sand and Wando fine sand. (see soils
map Figure 4)
Multiple delineations have been conducted within the Site to identify the presence and
location of jurisdictional streams and wetlands. These delineations have been conducted
in accordance with the guidance provided by the U.S. Army Corps of Engineers
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(USACE) 1987 Delineation Manual and the Regional Atlantic and Gulf Coastal Plain
Supplement.
An Approved Jurisdictional Determination (AJD) for the 3,326-acre project area, which
includes the entirety of the Oak Island Williamson Site, was issued on 10/31/2016 and
assigned the Action ID SAW-2000-00757. This AJD expired on 10/31/2021; however, an
addendum for the Oak Island Williamson Site was submitted to update stream and
wetland areas that had been previously delineated in 2016. Together, the delineations
have identified 984.34 acres of wetlands, 33,387 linear feet of streams, and 450.41 acres
of conservation easement area within the Site (See Figure 5: Wetlands and Waters
Delineation Map).
Parcel Doindar ..3.326 13 au
Uplands:-2.341.8 (71%)
ii1: g Wetlands: .A&4.34 ac (30 f )
Isdated Wetlands --1 0A8 au (e196F
C.onservallan Easements:.-45a41 au (Subtracted Ax lb [aIRg2 CaICL all�l:
WIIlanrccn Oak IsLandTract ME I II 3 LaDanetalaps
E011.131e5 are a{om, rra any rot Ter11 ro nxe atredule.
Map `.3wCe 202D NC one Map
0 1.000 2.000 4.000
Feet
Scale apples 1a 111417' pint
Wetlands and Waters of the U.S. Delineation map (Figure 5)
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Within the 3,196-cre project site, there is an onsite conservation easement on 450.41-cres that was
associated with the North Carolina Department of Transportation's construction of highway 906. These
wetlands will remain in conservation.
Applicant's Stated Purpose
The applicant's purpose for the project is to provide the surrounding community with a
mixed- use development that will include residential development and commercial
development. The project is being undertaken to meet the increased demand for available
residential and commercial space in a rapidly growing area of Oak Island and Brunswick
County, NC. According to the applicant, market research indicates that residents and
visitors to the area have the population to support this type of project.
Project Description
The proposed project is to develop a mixed -use development, including residential and
commercial units. The project will include the development of approximately 1,600 acres
in order to meet current and future needs for Brunswick County and Oak Island. This
permit application includes all anticipated stream and wetland impacts associated with
the construction of roadways and stormwater control measures. The current proposed
impacts encompass 1.03 acres (44,721 sq. ft.) of 404 wetlands and 302 linear feet (0.05
acres) of stream impacts. There are currently no proposed temporary impacts for this
project. It is the intent of the applicant to permit future impacts (if necessary) with a
modification to this permit.
Since this is a large project, at over 3000 acres, the current project duration is around 10-
15 years and will be constructed in eight phases with the first phase being constructed by
2024 and 2025. The initial impacts will be for roadways and stormwater management
development. which will allow access throughout the site. (See the eight proposed phases
in Figure 6)
The project layout, including roadways and Waters of the US impacts has fourteen
associated plans with it. An overall view of the plan can be seen in (Figure 7). The plans
with Waters of the U.S. impacts can be seen on (Figures 8, 9, 10, 11 & 12). Due to the
large size of this project, the entire set of plans and site layout design will need to be
emailed separately if requested.
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Project Design and layout (Figure 7)
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Avoidance and Minimization
Alternative analysis was performed for this project by the consultant and applicant. The
applicant evaluated several off -site and on -site alternatives and determined that due to the
large size of the proposed project the preferred project is the least environmentally
damaging yet practicable alternative.
Proposed minimization efforts include impacting only 1.03 acres of the estimated 984.34
acres of existing 404 wetlands onsite. Stream impacts will unfortunately take place for road
crossings. The amount of stream impacts will include 302 linear feet_to the existing 33,387
linear feet of streams onsite.
Compensatory Mitigation
The applicant is proposing to purchase mitigation credits from the Stone Farm Mitigation
Bank which is in the same Hydrologic Unit Code (HUC) as the proposed project. This
mitigation bank is located near the town of Calabash, NC.
Essential Fish Habitat
The Corps' determination is that the proposed project would not affect EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
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® 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 action would not have a substantial
individual or cumulative adverse impact on EFH or fisheries managed by Fishery
Management Councils and the National Marine Fisheries Service (NMFS). Our
final determination relative to project impacts and the need for mitigation
measures is subject to review by and coordination with the NMFS.
The Corps will consult under the Magnuson -Stevens Act and will not make a
permit decision until the consultation process is complete.
The Corps has initiated consultation the Magnuson -Stevens Act and will not make
a permit decision until the consultation process is complete.
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).
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❑ 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 -identified 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.
❑ By copy of this public notice, 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 will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
n The Corps has initiated 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.
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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, NC
27604-2260. All persons desiring to make comments regarding the application for a 401
Certification should do so, in writing, by December 18, 2022 to:
NCDWR Central Office
Attention: Mr. Paul Wojoski, 401 and Buffer Permitting Unit
(USPS 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.
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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, December 18, 2022. Comments should
be submitted to Gary Beecher, Wilmington Regulatory Field Office,
69 Darlington Avenue, Wilmington, North Carolina 28403 , at [phone] or to
Gary.h.Beecher(u�usace.army.mil
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