20230410 Ver 1_Public Notice_20230327

M
PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: 3/27/2023
Comment Deadline: 4/27/2023
Corps Action ID Number: SAW-2022-00968
The Wilmington District, Corps of Engineers (Corps) received an application on March
15, 2023 from Greenfield Communities seeking Department of the Army authorization to
discharge fill material into 3.361 acres of wetland, 0.178 acre of stream resulting in
permanent loss; 0.04 acre of stream is proposed to be permanently impacted with no
functional loss and 0.49 acre of wetland proposed for conversion from forested to
maintained utility easement, for the construction of a proposed multi -use development,
known as Capeton, located north of Lillington between the Cape Fear River and
Highway US-421, Harnett 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.miI/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant: Greenfield Communities
Mr. Matthew Brubaker
8601 Six Forks Road
Raleigh, NC 27615
AGENT (if applicable): Carolina Ecosystems, Inc.
Attn: Philip May
3040 NC-42 W
Clayton, NC 27520
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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Location
Location Description: The project area is located south of US-421 and northwest of the
Cape Fear River. The main entry is off US- 421 approximately 1.0 mile east of the
intersection with US-401. Parcel ID numbers: 0660-32-0284.000, 0660-61-9572.000,
0660-03-9253.000, 0660-02-4375.000, 0660-12-9649.000, 0660-21-8598.000, 0660-42-
7059.000, 0660-72-1109.000, 0650-92-6093.000.
Project Area (acres): 824 acres Nearest Town: Lillington
Nearest Waterway: Dry Creek / Cape Fear River River Basin: Cape Fear River
Latitude and Longitude: 35.407186 N,-78.791708 W
Existing Site Conditions
The site consists of a mix of active farmland, silviculture, and forest, including
approximately 84.4 acres of wetlands, 24,635 linear feet of perennial streams, 8,381
linear feet of intermittent streams, 0.57 acre of ponds. Additionally, the project site
includes approximately 11,300 linear feet of Cape Fear River frontage with 191.8 acres
of FEMA regulated 100-year floodplain. There are a few existing farm roads with
culverted crossings and an existing natural gas pipeline and maintained easement
owned by Colonial Pipeline.
A wetland delineation concurrence and No Permit Required Determination was issued
on January 31, 2023, to include construction of two (2) bottomless culverts.
Applicant's Stated Purpose
The purpose of Capeton is to provide a mixed -use development with commercial
access (US 421) and river frontage within the proximity of the Town of Lillington for
future pedestrian access. Lillington is situated on the Cape Fear River, within minutes of
Campbell University, and a short drive from the Triangle and Fayetteville NC. According
to the NC Office of State Budget and Management, Harnett County is likely to
experience a 36% growth in population between 2020 and 2040 (133,784 to 181,670).
Harnett was the 12th fastest growing county in North Carolina between 2010 and 2020.
Capeton is intended to help meet this demand and provide a comprehensive living
experience with multiple residential, commercial, civic (school), and recreational
opportunities.
Project Description
Capeton is a mixed use, master planned development consisting of single and multi-
family housing, assisted living residences, commercial retail and office space, and civic
and community areas. A portion of the site will be dedicated as a Town park along with
an easement granted for a Town greenway with river access. The site plan includes
approximately 2,250 residential units including single family homes, townhomes,
cottages, multi -family units, and assisted living residences. The applicant states, a
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grocery store and commercial area, office park, and retail area are designed at a
location to provide services within walking distance from downtown Lillington and
Campbell University. Planned infrastructure will include roads, utilities (water, sewer,
and electric), connections to the proposed Town/County greenway, amenities centers,
parks, and stormwater facilities. Some wetland areas and most of the areas within the
100-year floodplain along the Cape Fear River and Dry Creek, will be open space or
donated to the Town.
According to the applicant, proposed construction of the project will involve clearing of
forested areas within the limits of disturbance and construction of road and utility
infrastructure, including those proposed impacts to jurisdictional waters. Lot grading
would follow to prepare for construction of the residences and other buildings.
Construction will be performed with standard equipment. Initial activity would involve
land clearing and grubbing, along with the installation of erosion control measures,
including silt fencing, check dams, and silt basins approved by the NC Division of
Energy, Mineral, and Land Resources (NCDEMLR). This plan will include appropriate
sediment and erosion controls, a draw down and release schedule for dewatering,
sediment removal and disposal, and a grading and stabilization plan for the pond areas.
Clean fill will be placed in the permanent wetland impact areas, graded and stabilized.
Stream crossings will be accomplished via culverts as shown in the attached plans and
will be constructed in the dry using pump -around or diversions.
Proposed site development would occur in multiple phases estimated through 2031.
Avoidance and Minimization
According to the applicant, efforts have been made to avoid and minimize impacts to
Waters of the US. The applicant evaluated several different options for road and utility
crossings. The applicant citing that locating crossings up or downstream resulted in
increased impacts due to deeper stream incision requiring more fill, stream meanders,
and increased wetland areas, and these considerations lead to the final submitted
design. The below summarizes some of the applicant's considerations to avoid and
minimize impacts:
Proposed road crossings utilized existing crossings in several locations. Where
possible, road and utility crossings have been co -located. Crossings were
designed to be perpendicular to stream channels and located in areas with less
wetland impact where practicable.
- No impacts are proposed within floodplain areas and pedestrian trails will be
designed to avoid wetlands and utilize footbridges if needed for stream
crossings.
- Retaining walls will be used to avoid impacts in areas where grading would occur
in close proximity to jurisdictional features.
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- Where possible, sanitary sewer crossings were co -located with the gas line
crossings. The existing gravity line along Dry Creek to the pump station set the
grade at which the new infrastructure must tie into; thereby reducing layout
options for new sewer line in order to maintain the fall required.
Compensatory Mitigation
Compensatory mitigation for 3.361 acres of permanent wetland loss and 0.49 acre
permanent wetland conversion is proposed via a combination of the Daniels Creek
Mitigation Bank for all riparian wetland credits and the Barra Farms II Mitigation Bank for
1.52 acres of non -riparian wetland credits.
Compensatory wetland mitigation proposed by the applicant totals 5.70 acres based on
a 2:1 ratio for wetland fill areas and a 1:1 ratio for the conversion of forested wetland
along maintained utility corridors. A 1:1 ratio is proposed for one 1.515 acre non -riparian
wetland, WAP (Impact H), due to its NC WAM rating as Low.
Compensatory mitigation for 1,028 linear feet of stream channel loss is proposed via the
Daniels Creek Mitigation Bank. This mitigation (1,669 linear feet) is based on a 2:1 ratio
for permanent loss of perennial stream with NC SAM ratings of High, and 1:1 ratio for
permanent loss of intermittent stream with NC SAM ratings of Low.
All of the compensatory mitigation detailed above is proposed to be paid in "mitigation
groups" associated with the construction phases.
Essential Fish Habitat
The Corps' 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
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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.
According to the permit application, the permit area was subject to Phase I and Phase II
archaeological investigations. The findings of those investigations will be reviewed by
the USACE Regulatory Archaeologist as part of the Section 106 review process.
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, not likely to
adversely affect federally listed endangered or threatened species or their
formally designated critical habitat.
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Based on information supplied by the applicant and information available to this office,
the following table includes the determinations made by this office on the Federally
Listed Species that may occur in the project area.
Federally Listed Species
Common Name
Scientific Name
Federal
Habitat
Survey
Biological
Status
Present?
Dates
Conclusion
Tricolored bat
Perimyotis
PE
Yes
N/A
MANLAA
subflavus
Red -cockaded
Picoides borealis
E
No
N/A
No Effect
woodpecker
American
Alligator
SAT
No
N/A
N/A
alligator
mississippiensis
Cape Fear shiner
Notropos
E
Yes
July/Aug
MANLAA
mekistocholas
2022
Atlantic pigtoe
Fusconia rnasoni
T
Yes
July/Aug
MANLAA
2022
Monarch butterfly
Danaus
C
Possible
N/A
N/A
lexippus
Rough -leaved
Lysiniachia
E
Yes
July 2022
MANLAA
loosestrife
as erulae olia
PE — Proposed Endangered; E — Endangered; SAT — Threatened due to Similarity of Appearance;
T = Threatened; C = Candidate; MANLAA = May Affect, Not Likely to Adversely Affect
Tricolored bat: Warm season roosting habitat may be present on the site within the
forested areas. This species is listed as `Proposed Endangered' and has been
included in our ESA review of species. The USACE will coordinate with US FWS
on recommendations to minimize adverse effects within the Action Area.
Red -cockaded woodpecker: No habitat is present on the site for RCW. Pines are limited
to young stands (under 30 years) and no mature pine -dominated forest areas are
present. The site is not within a RCW consultation area based on the map
provided in the SLOPES agreement.
American Alligator: Suitable habitat is not present on the site for the alligator. Streams
are shallow and fast moving and no swamps or other potential habitat are
present. The river is fast moving with rock and riffles, and not anticipated to be
alligator habitat.
Cape Fear Shiner: Cape Fear shiner are known to be present upstream on the Cape
Fear River, specifically in Neills Creek to the northwest. The applicant provided;
a survey performed by Three Oaks Engineering of major stream crossing
locations on the site as well as the Cape Fear River. While they found no CFS,
presence of this species cannot be completely eliminated. Their assessment
concluded that the project is unlikely to adversely affect the species.
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Atlantic pigtoe: The applicant provided surveys performed by Three Oaks for this
species due to a historical record in the Cape Fear River adjacent to the site (EO
3997). This species was last observed in 1990 and current surveys did not find
individuals in the river. However, the presence of this species cannot be
completely eliminated.
Monarch butterfly: Potential habitat cannot be eliminated as milkweed plants may be
present in some areas of the site. However, this species is listed as candidate
and is not currently proposed for listing in the federal register. Therefore, no
surveys or consultation under Section 7 of the ESA is required.
Rough -leaved loosestrife: According to the applicant areas of potential habitat for this
species may be present on the site along the gas easement and other regularly
maintained corridors. Surveys were conducted by the applicant within the
recommended survey window in 2022 for loosestrife, and no individuals were
observed. However, the presence of this species cannot be eliminated. .
❑❑ 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
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
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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).
® 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 July 25, 2023 to:
NCDWR Central Office
Attention: Ms. Stephanie Goss, 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.
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® 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 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, April 27t", 2023. Comments should be
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submitted to Katharine Elks, Wilmington Regulatory Field Office, 69 Darlington Avenue,
Wilmington, North Carolina 28403, at [phone]. Comments may also be
submitted to army. mil
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