20221617 Ver 1_Public Notice SAW-2017-00326_20230117

US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: January 17, 2023
Comment Deadline: February 16, 2023
Corps Action ID Number: SAW-2017-00326
The Wilmington District, Corps of Engineers (Corps) received an application on
November 4, 2022, from Eastfield Associates, LLC. seeking Department of the Army
authorization to permanently impact 1,541 linear feet (If) of stream channel [0.48 acre
(ac)] and 4.686 acres of wetlands, associated with development of the Eastfield Mixed -
Use Development (Eastfield), southeast of Selma, in 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:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant: Kevin Dougherty
Eastfield Associates, LLC
101 S. Raiford Street, Ste 200
Selma, NC 27576
AGENT (if applicable): Robert Turnbull
Terracon Consultants, Inc.
2401 Brentwood Road, Ste 107
Raleigh, NC 27604
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:
7
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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Location of Eastfield Mixed -Use Development
Location
Location Description:
Project Area (acres): -348.45
Nearest Waterway: Bawdy Swamp
Latitude and Longitude: 35.52007N,-78.27418W
Existing Site Conditions
Nearest Town: Selma
River Basin: Neuse River
On March 14, 2022, the Corps issued written verification to utilize Nationwide Permit 14
to construct a portion of Providence Boulevard in advance of this standard permit
application. The verification authorized the loss of 0.39 ac of wetland and 67 If (938
square feet) of Bawdy Creek and temporary impacts to 40 If (560 square feet) to
accommodate a stream pump around to protect downstream resources during
construction. Other commercial facilities are currently being constructed within the
Eastfield project limits in upland areas, with no impact to Waters of the United States
(WoUS).
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The proposed project site is characterized by rural forested and agricultural tracts and
riparian and aquatic habitat. Land use is primarily active agricultural and silvicultural
with scattered residences. An industrial facility is being constructed on high -ground and
would be associated with Eastfield. Natural areas are comprised of mixed mesic forest,
riparian buffers, and open fields. Mesic forests are comprised of pines, softwoods, and
hardwoods including Loblolly Pine (Pinus taeda), White and Red Oaks (Quercus spp.),
Sweet Gum (Liquidambar stryaciflua) and Tulip Poplar (Liriodendron tulipifera). The site
topography is generally rolling hills, with two natural valleys: one draining the majority
of the site south via Bawdy Swamp and the other draining eastern portions of the site
east via Moccasin Creek. The site is underlain by several soil map units: Bibb sandy
loam, frequently flooded; Goldsboro silt loam; Grantham silt loam; Lynchburg sandy
loam; Nahunta silt loam; Norfolk loamy sand, 0-2% slopes; and Rains sandy loam.
Bibb, Grantham, Nahunta, and Rains soils are listed as hydric soils by the Natural
Resources Conservation Service (NRCS). Goldsboro, Lynchburg, and Nahunta soils
are known to have inclusions of hydric soils.
Other on -site riparian and aquatic communities include streams and wetlands. A site
visit was conducted on May 3, 2022, to review the boundaries of potentially jurisdictional
streams and wetlands on the project property. The site contains 11,345 If (2.69 ac) of
stream, and 29.468 ac of wetlands. A Best Usage Classification (BUC) is assigned to
waters of North Carolina based on the existing or contemplated best usage of various
bodies of water. Bawdy Creek, bisecting the project from north to south has a BUC of C;
NSW. Portions of the northeastern project area drain east to Moccasin Creek via
unnamed tributaries. Moccasin Creek and its tributaries are also assigned a BUC of C;
NSW.
Class C waters are protected for aquatic life propagation, secondary contact and
recreation (wading, swimming), agriculture, wildlife, and maintenance of biological
integrity. The supplemental classification NSW designates Nutrient Sensitive Waters
which require limitations on nutrient inputs. The wetlands on -site are generally classified
as headwater forest according to the North Carolina Wetland Assessment Method
(NCWAM).
Applicant's Stated Purpose
The applicant has stated that the basic purpose of the proposed project is construct
infrastructure for a mixed -use development within a strategic location in the Selma,
North Carolina market. The strategy for the development is to meet the market
needs of the Selma community for commercial, industrial, and residential facilities. The
applicant's goal was to assemble enough land to address the voids in the community,
increase the tax base of Selma and minimize any environmental impact. The site
requires good access to Interstate 95 and rail lines.
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Project Description
The project consists of road construction, utility installation, and site grading for future
commercial, residential, and industrial uses. The proposed development goals have
been oriented based on input received from the Johnston County Economic
Development Commission.
According to the project's website (https://adventuredev.com/eastfield-crossing),
"Eastfield is a 3.0 million sq. ft. master planned, mixed -use development comprised of a
business park, retail, medical, professional space, hospitality, entertainment, senior
living as well as single- and multi -family residences situated on 400 +/- acres of land.
The Eastfield development would create a unique and pleasant environment serving the
Triangle East region of Raleigh. Reported by the Johnston County Economic
Development Board, Johnston County is the fastest growing county in NC, with over
205,000 current residents and is growing at a pace of 10,000 residents per year."
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The proposed project would require permanent and temporary impacts to WoUS,
including wetlands, to establish access to high -ground developable areas, and to grade
and balance the site to facilitate the construction of the proposed mixed -use facilities.
The proposed project would permanently impact 4.686 ac of wetlands, and 1,541 If of
streams (0.48 ac) subject to our regulatory authority pursuant to Section 404 of the
CWA of 1972 (33 USC 1344). These impacts would be in addition to the 67 If (0.02 ac)
of stream and 0.39 acre of wetland already permanently impacted as part of the
Providence Boulevard crossing of Bawdy Creek.
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Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: The proposed Eastfield Development
design has minimized wetland impacts to the greatest extent practicable within the
project study area. All road crossings of jurisdictional streams are perpendicular to
streams and buffers. The extension of Providence Boulevard between West Blanch
Street and US Highway 70A is confined to the road easement that was granted and
cannot be adjusted without encroaching on property not owned by the applicant.
Grading for the low -density residential area (Impacts 6A, 6B, and 6C) would occur as
much as possible within the upland areas. Wetlands, streams, and surface waters
proposed for impact cannot be avoided while still meeting the applicant's stated purpose
and need. No instream work would occur in on -site streams during this bridge
replacement. All necessary sediment and erosion control BMPs would be installed and
maintained throughout.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: The applicant would compensate for
unavoidable losses with compensatory mitigation. The applicant proposes to
compensate for 1,541 If of permanent streambed loss due to construction at a 2:1
mitigation ratio, and 4.686 ac of riparian wetland loss of forested wetlands at a 2:1
mitigation ratio.
Specifically, stream mitigation credits would be satisfied through purchasing credits from
Restoration System's Milburnie Dam Mitigation Bank and wetlands mitigation credits
would be satisfied at Wildlands Holding's Falling Creek Umbrella Mitigation Bank.
Mitigation needs that are not met by commercial providers would be satisfied through
the North Carolina Division of Mitigation Services.
The project proponent proposes to complete the mitigation payment within 90 days of
the permit issuance.
Mitigation for the already completed Bawdy Creek crossing (SAW-2017-00326 / March
14, 2022) was provided through credit purchase from the Neu -Con Wetland & Stream
Umbrella Mitigation Bank. Stream credits (134 to offset 67 feet of loss) were purchased
from the Poplar Creek Site, and wetland credits (0.78 to offset 0.39 ac loss) were
purchased from the Blackbird Site.
Essential Fish Habitat
The Corps' determination is that the proposed project may adversely 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.
Implementation of the proposed project would impact (CHOOSE ALL THAT
APPLY- marine substrate, estuarine substrate, water columns, emergent
wetlands, submerged aquatic vegetation, artificial reefs, hardbottoms) (see
project description) utilized by various life stages of the following species:
(CHOOSE ALL THAT APPLY — coastal migratory pelagics, corals, golden crab,
shrimp, snapper grouper, spiny lobster, Atlantic highly migratory species). Our
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.
7
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.
7
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).
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❑ 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 -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.
7
The Corps determines that the proposed project
may affect, not likely to adversely affect federally listed endangered or threatened
species or their formally designated critical habitat.
7
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.
❑ 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 determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
Consultation has been completed for this type of activity and the effects of the
proposed activity have been evaluated and/or authorized by the National Marine
Fisheries Service (NMFS) in the South Atlantic Regional Biological Opinion or its
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associated documents, including 7(a)(2) & 7(d) analyses and Critical Habitat
assessments. A copy of this public notice will be sent to the NMFS.
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.
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 applicant did not provide or satisfy all the elements required for a complete
401 certification request. Therefore, the 401 Certification process has not
started. 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).
7
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 at the NCDWR Central Office in Raleigh constitutes initial receipt of an
application for a 401 Certification. Unless NCDWR is granted a time review
extension, a waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within 120 days of the date of this public notice.
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 February 7, 2023, to:
NCDWR Central Office
Attention: Supervisor, 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
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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
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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 will 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, February 16, 2023. Comments should
be submitted to Christopher Hopper, Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 , Wake Forest, North Carolina 27587, at (919)
588-9153. Comments may also be submitted to [e-mail].
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